General Terms and Conditions
Overview
§ 1 Scope of application and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Terms of payment; default
§ 5 Offsetting; right of retention
§ 6 Delivery; retention of title
§ 7 Cancellation policy
§ 8 Transport damage
§ 9 Warranty
§ 10 Liability
§ 11 Alternative dispute resolution
§ 12 Final provisions
§ 1 Scope of application and provider
(1) These General Terms and Conditions apply to all orders that you place in the following online store:
FlipThings Gunnar Sieg
Stud ring 13
85435 Erding
Germany
(2) The goods offered in our online store are 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 therefore also apply to all future business relationships with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can call up and print out the currently valid General Terms and Conditions on our website“https://www.flipsoc.de”. The text of the contract is not saved.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store 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 store.
(2) By clicking on the “Buy now” button, you submit 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. The confirmation of receipt does not constitute a contract.
(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 prior express declaration of acceptance. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. Your application can only be accepted by us up to the point at which you submit thea
receipt of the response under normal circumstances (§ 147 para. 2
BGB). Exception: in the case of payment in advance and PayPal, the order is accepted immediately with your order.
§ 3 Prices
The prices stated on the product pages include statutory VAT and other price components and are exclusive of VAT. of the respective shipping costs. Further information on shipping costs can be found on our website at https://www.flipsoc.de/versandarten/
§ 4 Terms of payment; default
(1) Payment can be made either by:
Invoice,
Prepayment,
Credit card,
PayPal or
Direct debit.
(2) We are responsible for selecting the available payment methods. We reserve the right to
In particular, we reserve the right to offer you only selected payment methods, e.g. only payment in advance to cover our credit risk.
(3) If you select advance payment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
(5) When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account will actually be debited at the time we ship 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 first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(7) In the case of payment by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank account details provided by you.
§ 5 Offsetting; right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.
(2) You may 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 shall be delivered from our warehouse to the address specified by you.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) By way of exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for 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 ordered by us from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition:
– We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
– You may resell the goods in the ordinary course of business. In this case, you hereby 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 properly meet your payment obligations, we reserve the right to collect claims ourselves.
– If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the collateral to be released.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you are making the purchase for purposes which cannot be attributed primarily to your commercial or independent 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 withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must send us
FlipSoc by Gunnar Sieg
Gestütring 13, 85435 Erding
welcome@flipsoc.de
+49-8122-9598208
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
| Sample withdrawal form If you wish to withdraw from the contract, please fill out this form and send it back. To Company: Address: E-Mail: Fax: I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of of the following goods (*): Ordered on (*)/received on (*) Name of the consumer(s): Address of the consumer(s): Signature of the consumer(s) (only for notification on paper) Date (*) Delete as appropriate. |
End of the withdrawal policy
(1) The right of withdrawal does not apply to the delivery of
– of goods which 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 your name),
– sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
– of goods if they have been inseparably mixed with other goods after delivery due to their nature,
– of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
– of newspapers, magazines or periodicals with the exception of subscription contracts.
(2) Please avoid damage and soiling. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. Use protective outer packaging if necessary. 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 compensation due to damage caused by defective packaging.
(3) Please call us at +49-8122-9598208 to notify us of the return. In this way, you enable us to allocate the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB).
(2) We shall only be liable for claims arising from injury to life, body or health or from the 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 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 specifications 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 inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
– In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
– If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
– The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a 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 you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of 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 resolve disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
(2) We shall endeavor to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and do not offer to do so.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of 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 (in particular with regard to the conclusion of the contract and warranty law).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our place of business.
Status: March 7, 2024
Copyright: HÄRTING Attorneys at Law, www.haerting.de, vertragstexte@haerting.de
Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4