Terms and Conditions
General Terms and Conditions of Sale
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, the
Feinwerk-Collection GmbH, Hohe Bleichen 8, 20354 Hamburg, Germany
Managing Director: Yvonne Fischer
Local court Hamburg, HRB 16892
Fon: +49 / (0)40 / 1808968
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract shall result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online store by clicking the button „order subject to payment“, you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to § 3 shall remain unaffected.
(3) We shall immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract shall only be concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We can only consider orders for deliveries abroad if they exceed a minimum order value. The minimum order value can be found in the price information provided in our online store.
(6) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
§ 3 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of revocation in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation pursuant to Section 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of cancellation shall be governed by the provisions set out in detail in the following
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us Feinwerk-Collection GmbH, Hamburg, Herderstraße 14d, 22085 Hamburg, +40 1808978, firstname.lastname@example.org, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (insert internet address). If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of 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 the earlier.
You must return or hand over the goods to us or to (insert here the name and address of the person authorized by you to receive the goods, if applicable) without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
– End of the cancellation policy –
(4) The right of withdrawal does not apply to distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
§ 4 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins – subject to the provision in paragraph 3 – with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 5 Prices and shipping costs
(1) All price quotations in our online store are gross prices including the statutory value added tax and do not include shipping costs.
(2) The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfill your order according to § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of any costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation § 3 para. 3).
§ 6 Terms of payment and set-off and right of retention
(1) The purchase price and the shipping costs shall be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can pay the purchase price and the shipping costs at your choice by credit card (including Apple Pay and Google Pay), direct debit, PayPal, Sofortüberweisung or on account. In the case of a granted direct debit authorization or payment by EC/Maestro or credit card, we will initiate the debit of your account at the earliest at the time regulated in para. 1. A granted direct debit authorization is also valid for further orders until revoked.
If you select the payment method SEPA direct debit, the invoice amount is due for payment after issuance of a SEPA direct debit mandate, but not before the expiration of the period for advance information. The direct debit will be collected when the ordered goods leave our warehouse, but not before the expiry of the period for prior information. Preliminary information is any communication (e.g. invoice) from us to you announcing a debit by SEPA direct debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if you object to the debit although you are not entitled to do so, you shall bear the fees incurred by the reversal of the respective credit institution if you are responsible for this. In addition, a creditworthiness and data check is carried out for the direct debit payment option.
In the event of a credit card charge back, you agree to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include, among others, the costs incurred due to the rejection of the credit card charge.
When paying by Sofortüberweisung, you can still trigger the payment of the ordered goods via your online banking account during your order. After selecting the payment method Sofortüberweisung in the ordering process, you will be directed to the secure payment form of SOFORT GmbH, Fußbergstraße 1, 82131 Gauting (hereinafter: SODFORT). SOFORT takes over the payment process automatically without any possibility of insight from us, which is comparable to an EC card payment with PIN. Just as with an EC card payment, SOFORT checks the availability limit of your account during an instant transfer and makes a transfer to us if there is sufficient funds in your account. In addition, the SOFORT system checks in about 30 percent of cases whether previous payments were booked with Sofortüberweisung, in order to exclude systematic fraud. In order to carry out an instant transfer, SOFORT requires your name, bank code and account number as well as the PIN and a TAN of your online banking account. Only your name, bank code, account number, reason for transfer, amount and date of the transfer will be stored, not the drawing limit or account balance of your account or past transactions.
In the event of a successful transaction, we receive from SOFORT only the automated confirmation in real time that the transfer has been executed.
In case of a purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days from receipt of the invoice without deduction, unless otherwise agreed. We reserve the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we will inform you of a corresponding payment restriction in your payment information in the online store. We also reserve the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our property until full payment of the purchase price.
§ 8 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller’s warranties given by us for certain articles or manufacturer’s warranties granted by the manufacturers of certain articles shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the articles.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability
§ 10 Copyrights
We have copyrights to all pictures, films and texts published in our online store. A use of the pictures, films and texts, is not permitted without our express agreement.
§ 11 Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be Hamburg. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.