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General Terms and Conditions

§ 1 Scope, definitions

(1) Unless otherwise agreed, exclusively the following General Terms and Conditions in the version valid at the time of the order shall apply to the business relationship between FEURER Febra GmbH (hereinafter “Supplier”) and the customer (hereinafter “Customer”). Deviating terms of the purchaser are not acknowledged, unless the Supplier expressly consents to their applicability.
(2) The Customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be attributed to his/her commercial and/or self-employed professional activity. In contrast, an entrepreneur shall be any natural or legal person or partnership with legal capacity exercising his/her or its commercial or self-employed professional activity when concluding the contract.

§ 2 Conclusion of the contract when ordering from the FEURER Febra Online Shop

(1) The Customer may choose goods from the product range offered by the Supplier and collect them in the so-called shopping cart by clicking on the button depicting the shopping cart symbol. By clicking on the “Send order” button, the Customer makes a binding offer to buy the goods in the shopping cart. Prior to sending the order (offer to buy), the Customer may view and change the data at any time. However, the offer to buy may only be made and transmitted if the Customer accepts these contractual terms by clicking on the button “Accept Terms and Conditions” and thus has included them in his/her offer to buy.
(2) Next, the Supplier sends an automatic confirmation of receipt (order confirmation) to the Customer by e-mail which lists again the order of the Customer and which may be printed by the Customer using the “Print” function. The automatic confirmation of receipt merely documents that the order of the Customer has been received by the Supplier and does not constitute an acceptance of the offer to buy. The contract is concluded only when the Supplier makes the declaration of acceptance, which will be sent by a separate e-mail within 10 working days after receipt of the order.

§ 3 Conclusion of the contract in case of other orders

The order of the Customer is binding. The Supplier is entitled to accept the binding order by sending an order confirmation or invoice or by delivering the goods within 10 working days after receipt of the order.

§ 4 Delivery, availability of the goods

(1) If the goods chosen by the Customer are not available at the time of the order, the Supplier shall inform the Customer thereof in the order confirmation. If the goods ordered are permanently out of stock, the Supplier shall send no declaration of acceptance. In this case, no contract is concluded.
(2) If the goods stated by the Customer in the order are out of stock only temporarily, the Supplier shall inform the Customer thereof also immediately in the order confirmation. In the case of a delay in delivery of more than two weeks, the Customer shall be entitled to rescind the contract. Incidentally, also the Supplier shall be entitled in this case to rescind the contract. In this respect, any payments possibly already made by the Customer shall be reimbursed immediately.

§ 3 Reservation of ownership

(1) Until the complete payment, the goods delivered shall remain the property of the Supplier. If the Customer is an entrepreneur, the reservation of ownership also shall continue to exist for accounts receivable of the Supplier from the Customer under the ongoing business relationship until the accounts receivable connected with the purchase are settled.
(2) Upon request of the Customer, the Supplier shall be entitled to waive the reservation of ownership if the Customer incontestably has settled all accounts receivable connected with the object of purchase and if the other accounts receivable under the ongoing business relationship are reasonably secured.

§ 6 Prices and shipping costs

(1) The prices shall include the respectively applicable legal VAT.
(2) The corresponding shipping costs are communicated to the Customer in the order form and are to be borne by the Customer.
(3) The shipment of the goods takes place by mail, parcel service or forwarding agent. Within Germany, the shipment is insured.
(4) The insured international shipment is possible to the countries stated by the Supplier. The additional costs occurring due to that are stated in the order form and are to be borne by the Customer. The Customer may include the insured shipment in its offer to buy in case of orders via the online shop by choosing the corresponding shipment type and, in case of other orders, when placing the order. Otherwise, the shipment shall be carriage forward and uninsured.

§ 7 Methods of payment

(1) The Customer may pay the goods ordered in the online shop by immediate money transfer or credit card.
(2) The Customer may change the mode of payment for orders in the online shop at any time in the Customer’s user account.
(3) Payment orders, cheques or bills of exchanges are accepted only after specific written agreement and only by way of payment, crediting all collection and discount charges.
(4) The payment of the purchase price is due immediately upon concluding the contract. The Customer shall be in default at the latest after expiry of 30 days after maturity and receipt of the invoice - and/or at the latest after expiry of 30 days after maturity and receipt of the goods, if the receipt of the invoice is not certain. In case of default, the Customer who is a consumer has to pay to the Supplier default interest amounting to 5 percentage points above the base lending rate. In case of default, the Customer who is an entrepreneur has to pay to the Supplier default interest amounting to 8 percentage points above the base lending rate.
(5) The obligation of the customer to pay default interest shall not exclude the assertion of further default damage by the Supplier. If the Supplier claims compensation for damages, such compensation shall amount to 15% of the purchase price. The compensation for damages is to be estimated higher or lower if the Supplier proves higher damage or the Customer proves lower damage.
(6) The Customer only may offset against the claims of the Supplier if the counterclaim of the Customer is uncontested or if a legally enforceable title exists. The Customer may only assert a right of retention to the extent that it is based on claims under the purchase contract.
(7) The Customer is obliged to accept the goods within 8 days after receipt of the invoice. In case of non-acceptance, the Supplier may exercise the legal rights. If the Supplier claims compensation for damages, such compensation shall amount to 15% of the purchase price. The compensation for damages is to be estimated higher or lower if the Supplier proves higher damage or the Customer proves lower damage.

§ 8 Liability for material defects, guarantee

(1) The Supplier shall be liable for material defects pursuant to the applicable legal regulations, in particular §§ 434 et seqq. BGB [German Civil Code]. Any externally visible damage or defects shall be notified on the delivery receipt (e.g. way-bill) immediately. In addition, the delivering forwarding agent or the delivery company is to be notified immediately in writing in case of breakage or theft.
(2) The term of liability for material defects vis-à-vis entrepreneurs amounts to 12 months from the passing of the risk.
(3) There shall only be a guarantee for goods if such guarantee has been given expressly in the order confirmation regarding the respective article.

§ 9 Liability

(1) Claims of the Customer for damages shall be excluded. An exception shall be claims for damages of the Customer based on injury to life, body, health or based on the violation of material contractual duties (cardinal duties) as well as the liability for other damage based on an intentional or grossly negligent violation of the duties of the Supplier, its legal representative or assistant. Material contractual duties shall be such duties which must be fulfilled in order to achieve the objective of the contract.
(2) In case of violation of material contractual duties, the Supplier shall only be liable for the foreseeable damage typical for the contract if such damage has been caused in negligent manner, unless claims for damages of the Customer are concerned which are based on an injury to life, body or health.
(3) The restrictions of para. 1 and 2 shall also apply in favour of the legal representatives and assistants of the Supplier if claims are asserted directly against them.
(4) The regulations of the Product Liability Act shall remain unaffected.

§ 10 Right of revocation of the consumer

(1) Right of revocation If the Customer is a consumer and if he/she has concluded a contract with the Supplier using means of telecommunication, in particular by phone, e-mail or fax, the Customer may revoke his/her contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, e-mail) or also by returning the object of purchase if the object of purchase has already been let to the Customer prior to expiry of the period of revocation. The period of revocation starts after receipt of this information in text form, but not prior to receipt of the object of purchase by the recipient (in case of recurring delivery of similar goods not prior to receipt of the first partial delivery) and not prior to fulfilment of the duties to inform of the Supplier pursuant to article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as the duties of the Supplier pursuant to § 312g para. 1 sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The timely sending of the revocation or the object of purchase shall suffice for adhering to the period of revocation.

The revocation is to be addressed to:

FEURER Febra GmbH
Klingenberger Straße 2, D-74336 Brackenheim

(2) Consequences of the revocation
In case of an effective revocation, the performance mutually received is to be returned and any emoluments (e.g. interest) possibly taken are to be returned. If the Customer cannot return and/or surrender the performance and emoluments received (e.g. use and enjoyment) completely or in parts or only in a deteriorated condition, the Customer has to compensate the Supplier for the lost value insofar. For the deterioration of the object and the emoluments taken, the Customer only has to pay compensation for the lost value to the extent that the emoluments or the deterioration is attributable to a handling of the object which exceeds the examination of the quality and the functionality. “Examination of the quality and the functionality” means the testing and trial of the respective goods as it would be possible and usual in a retail store, for example.
Objects which can be sent as parcel are to be returned at the risk of the Supplier. The Customer has to bear the regular costs of the return shipment if the object delivered corresponds to what has been ordered and if the price of the object to be returned does not exceed an amount of EUR 40 or if the Customer has not yet paid the consideration or a contractually agreed partial payment at the time of revocation in case of a higher price of the object. Otherwise, the return shipment shall be free of charge for the Customer.

Objects which cannot be sent as parcel shall be collected at the Customer’s premises.

Obligations to reimburse payments have to be met within 30 days. The period shall start for the Customer upon sending the declaration of revocation or the object, for the Supplier upon receipt of such declaration or the object.

§ 11 Information on data processing and protection

(1) Within the framework of the implementation of contracts, the Supplier collects data of the Customer. In doing so, the regulations of the Federal Data Protection Act and the Tele Services Data Protection Act shall be observed. Without the consent of the Customer, the Supplier shall only collect, process or use inventory or usage data of the Customer to the extent that this is required for the execution of the contractual relationship and for making use of and charging teleservices.

(2) Without the consent of the Customer, the Supplier shall not use data of the Customer for own advertising purposes or for advertising purposes for third parties. The data shall not be used for market or opinion research purposes.

§ 12 Final provisions

(1) The laws of the Federal Republic of Germany excluding the UN Sales Convention shall apply to contracts between the Supplier and the Customers.
(2) If the Customer is an entrepreneur, the place of jurisdiction for all disputes under contractual relationships between the Customer and the Supplier shall be the seat of the Supplier.
(3) If individual points are ineffective, the rest of the contract shall continue to be binding.

§ 13 Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Art. 36 VSBG

The European Commission is providing an online dispute resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/ Furthermore, we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration body.