General Terms and Conditions
Feuerwear GmbH & Co. KG
Fax: +49 (0) 221 46 89 23 - 40
VAT ID: DE265104510
§1 The deliveries, services and offers of the seller shall be provided exclusively on the basis of these Terms and Conditions.
§2 Offers in the catalogue, in brochures and similar products shall be subject to change and non-binding – even with regard to prices. The seller shall be bound to special offers for a period of 30 calendar days.
§3 The client/buyer shall be bound to his order for two weeks. Orders must be confirmed by the seller to be legally effective. Confirmation may be provided by phone, fax, e-mail or post. If the vendor does not reject the confirmation within two weeks of receiving it, the order shall be deemed placed.
§4 The order shall be placed formlessly by phone, fax, e-mail or in our online shop. However, we shall not guarantee the correctness of the delivery for any order made by phone. We save the text of the contract after the contract is concluded. We send you an order confirmation with all your order data and a link to our terms & conditions to your e-mail address.
§5 When the new price lists/catalogues are published, all previous prices shall not longer be valid. All prices are in euros.
§6 Forwarding charges must be added to all orders. An additional € 4.00 conveyance fee shall be charged for cash on delivery.
§7 Right of withdrawal
Consumers have a cancellation right in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for a purpose which cannot be assigned either to that person's commercial or self-employed professional activity:
Right of withdrawal
You may withdraw from your contractual acceptance in writing (for instance, by letter, fax or e-mail) or withdraw your acceptance through returning the goods within 14 days, without having to cite any reason.
The respective time period shall begin at the earliest upon receipt of separate written cancellation instructions and not before the goods have been received by the consignee (in the case of repeated deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to § 312g Subsection 1 Sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB (Introductory Law to the German Civil Code). For fulfilling the conditions for withdrawal, it is sufficient to send the written withdrawal or dispatch the goods within the specified period. The withdrawal must be directed to:
Feuerwear GmbH & Co.KG
Geschäftsführer: Martin Klüsener, Robert Klüsener
Tel: +49 (0) 221 46 89 23 - 0
Fax: +49 (0) 221 46 89 23 - 40
Consequences of withdrawal
In the case of an effective withdrawal, goods provided by both sides must be returned and any benefits derived (e.g. interest payments) must be surrendered.
If you cannot return the goods you received or can only return some of them or all of them in a deteriorated condition, you must insofar compensate us for any possible loss in value. For the deterioration of the article and for benefits of use, you must only compensate us in as far as the uses or deterioration are attributable to handling of the article that goes beyond inspecting its properties and functioning. "Inspecting the properties and functioning" is understood as testing and trying out the goods as would have been possible, for example, in a shop. Goods that can be sent by parcel must be sent back at our costs and risk. You must bear the regular costs of the return shipment if the goods delivered correspond to those ordered and if the price of the returned goods does not exceed € 40 or if, in the case of a higher price of the goods, you have not made the payment or a contractually agreed part-payment at the time of the cancellation. Otherwise, return shipment is free of charge.
Goods that cannot be sent by parcel shall be collected from you. You must fulfil your obligations to reimburse payments within 30 days after sending your declaration of withdrawal. This period commences for you on sending of your cancellation declaration or the article, and for us on its receipt.
If you wish to return the goods to us, please first contact our shipping department.
In the case of return of goods with a value of over € 40, we will send customers in Germany a parcel label for return shipment free of charge.
Please note that we do not accept parcels from abroad sent without postage paid.
Contact Feuerwear shipping department
If you have financed this contract by a loan and if you cancel the financed contract, you are also no longer bound to the loan contract if both contracts form an economic unit. This is in particular to be assumed when we are simultaneously your lender or when your lender makes use of our cooperation with regard to the financing. If the loan has already been received by us at the time when the cancellation becomes effective or on return of the goods, your lender shall succeed to our rights and obligations under the financed contract in relation to you in respect of the legal consequences of the cancellation or return. The latter does not apply if the subject of the contract is the acquisition of financial instruments (e.g. securities, foreign currencies, or derivatives). Should you wish to avoid a contractual commitment as far as possible, cancel both declarations of contract separately.
End of the cancellation instructions
Exclusion of cancellation right
The cancellation right does not apply in the following cases:
1. Distance contracts for the supply of goods manufactured to customer specifications, or clearly tailored to personal requirements, or which due to their nature are not suitable for return, or which can quickly deteriorate, or which have exceeded their best-before date
2. Distance contracts for the supply of video or audio recordings or software insofar as you have broken the seal on the data media supplied
3. Distance contracts for the supply of newspapers, journals and magazines unless you have provided your declaration of contract by phone
4. Distance contracts for the supply of financial services whose market price is subject to fluctuations over which we have no influence and which can arise within the period of the cancellation right, in particular services in connection with shares, share certificates issued by a capital investment company, and other tradable securities, foreign currencies, derivatives, or financial market instruments
1. Please avoid damaging or soiling the goods. As far as possible, return the goods to us in the original packaging with all accessories and all packaging elements. If necessary, use a protective outer packaging. Should you no longer have the original packaging, please use a suitable packaging to provide adequate protection against transport damage.
2. As far as possible, please do not return the goods to us without paying postage. At your request, we will be happy to send you the postage costs in advance insofar as you are not obliged to pay them yourself.
3. Please note that the aforementioned nos. 1-2 are not preconditions for the effective exercise of the cancellation right.
Special fabrications, which also include goods produced in accordance with customer requirements, may not be returned.
§8 We are not liable for colour differences on the website – this does not constitute an error on our part which would require a replacement. Colour deviations are primarily caused by colour settings on the monitors. Our products are recycling products, and therefore any possible scratches or light soiling shall not constitute defects.
§9 Pursuant to Section 28 of the German Federal Data Protection Act (BDSG), we would hereby like to draw your attention to the fact that data required within the framework of processing business transactions shall be processed and stored in electronic data processing equipment in accordance with Section 33 of the BDSG. Personal data will naturally be treated confidentially.
§10 We do our utmost to dispatch orders as quickly as possible, and consequently reserve the right to make partial deliveries. The seller may reject making deliveries or subsequent deliveries if this would require unreasonable expense. In this case the client shall be entitled to withdraw from the contract. There shall only be a right to compensation for losses suffered due to delay, poor delivery or failure to deliver if this is caused by gross negligence on the part of the seller. The right to reduction of the purchase price shall remain unaffected.
§11 The delivery and payment conditions are detailed in the order form.
§12 Direct debit payment
On payment by direct debit, please ensure sufficient funds are available on the stated account. In the event of returned debit due to insufficient funds, incorrect transfer of data by the customer, or cancellation, we shall charge the customer a processing fee of € 12.00.
Should discrepancies arise regarding the debited amount, the invoice amount, or the delivered goods, please immediately contact us (ideally by e-mail: firstname.lastname@example.org). We will then solve the problems without the necessity for an expensive reversal of the debit payment.
In the event of return shipments, the purchaser may not reverse payment of the amount on his or her own initiative, but must wait for the refund, which as a rule will be made within 3 working days of receipt of the return shipment. Should the purchaser, notwithstanding the above provision, reverse payment without authorization, he thereby undertakes to pay a processing fee of € 12.00.
In the event of default of payment, we shall charge default interest to the amount of at least 5 percentage points above the base lending rate valid at the time in accordance with the Discount Rate Transfer Act, however at least 6% per annum.
We only offer the option of payment by direct debit as an exception. To protect our justified interests, we may conduct a credit check.
§13 The goods shall remain our property until full payment has been made.
§14 The exclusive place of jurisdiction for all disputes arising from this contract is Cologne, the seat of business of Feuerwear GmbH & Co. KG
Voucher Terms and Conditions
The voucher can be redeemed in accordance with the following conditions when placing orders at http://www.feuerwear.de/ and http://www.feuerwear.com/.
After receipt of payment, the voucher will be sent to the specified e-mail address as a code. After entering the code on the “Shopping cart” page, the amount of the voucher will be credited.
Passing the voucher on to third parties is permitted and must be handled independently.
If the full value of the voucher is not used, the remaining amount can be redeemed with the same code
Cash disbursement is not possible.
In accordance with § 195 BGB, vouchers must be redeemed within three years after transfer of the code. After this time, the voucher will no longer be valid.
Feuerwear assumes no liability for the accuracy of the submitted e-mail address. Feuerwear will transfer the voucher code exclusively to the buyer. The buyer shall be responsible for keeping the code secret.
Feuerwear reserves the right to declare the voucher void if an attempt of fraud or deceit is detected.
§15 Purchase on account is currently only available in Germany.
In line with Regulation no. 524/2013, an online dispute resolution platform has been created, which you can use to resolve the dispute that you have with us. Go to online dispute resolutions platform: http://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to take part in a dispute resolution of a consumer arbitration board.