General Terms and Conditions
Section 1 - Scope of application and Provider/Seller
(1) These General Terms and Conditions of Business are applicable to all orders in the Online Shop at www.feuerwear.de and www.feuerwear.com as well as to orders placed by telephone, facsimile or email on the basis of the Seller's offers there, and also to the related deliveries, services and offers of the Seller:
(2) The deliveries, services and offers of the Seller shall be exclusively on the basis of these General Terms and Conditions of Business. In dealings with enterprises, the General Terms and Conditions of Business are thus also applicable to all future business relationships, even if they are not again expressly agreed. The inclusion of a Customer's own general terms and conditions of business that contradict the Seller's General Terms and Conditions of Business is hereby rejected henceforth.
Section 2 - Coming about of the contract, contract texts
(1) The essential characteristics of the goods can be found in the respective product description included by the Seller.
(2) All offers in the Seller's Online Shop constitute merely a non-binding invitation to the Customer to submit a corresponding offer of purchase to the Seller. As soon as the Seller has received the Customer's order, the Customer shall initially be sent an acknowledgement of receipt of its order by the Seller, as a rule by email (acknowledgement of order). The acknowledgement of order shall not constitute acceptance of the order. Upon receipt of the Customer's order, the Seller shall check this promptly, and shall notify the Customer within 2 working days of whether it accepts the order (order confirmation). The contract shall come about upon confirmation of the order by the Seller or through actual execution of the delivery by the Seller.
(3) The ordering process in the Online Shop is as follows: if you have found your desired unique product, you can add this to your shopping cart without engagement via the "Add to cart" button. In the ensuing summary you can then decide whether you wish to browse for further unique products for your shopping cart, or whether you wish to view the content of your shopping cart. The unique products selected will be reserved for you for 20 minutes without engagement. You can view the content of your shopping cart at any time without engagement by clicking on the shopping cart symbol in the top right-hand corner. The individual unique products in the shopping cart can be removed at any time by clicking on the cross. If you wish to purchase the products in your shopping cart, click on "Proceed to check-out". You can then log on via your existing Feuerwear account, or complete the order without registering and thus as a guest. Registration via a Feuerwear account is not required for the order. As a next step, you must enter the data required for the order. Compulsory fields are marked with an *. After entering your data and choosing your preferred form of payment, you reach the order summary where you can again check your entries. To complete the order you must accept the Instructions on the Right of Cancellation, the General Terms and Conditions of Business and the Data Protection Statement. By clicking on the "Purchase now" button you submit your order in binding and cost-incurring manner. You will receive acknowledgement of receipt by email immediately after submitting the order.
(4)The Seller will store the contract text of the order. The Seller will send an order acknowledgement followed by an order confirmation upon acceptance of the order. This will include all order data and the General Terms and Conditions of Business, and will be sent to the email address stated by the Buyer. For security reasons, the order data will no longer be accessible via the internet once the order has been completed.
Section 3 - Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract comprises all goods and services, specified by the Customer in the context of the order and stated in the order or order confirmation, at the end prices stated in the Online Shop. Errors and mistakes are reserved, in particular as regards the availability of the goods.
(2) The quality of the goods ordered can be seen from the product descriptions in the Online Shop.
(3) Illustrations on the internet site may, under certain circumstances, show the products imprecisely; colours in particular can vary significantly for technical reasons. Pictures are intended purely as illustrative material, and can vary from the product. Technical data, weights, dimensions and performance descriptions must be stated as precisely as possible, but are subject to the normal tolerances. The characteristics described here do not constitute defects to the products delivered by the Seller.
(4) The Seller's products are recycled products and unique products made from used materials. Scratches, signs of usage or slight dirtiness shall not constitute defects.
Section 4 - Delivery, prices, shipping costs
(1) Delivery to the shipping company shall be effected at the latest two days following receipt of payment, if payment is by cash on delivery at the latest two days following the order confirmation. The delivery time shall be up to five days. The Seller shall draw attention to any deviating delivery times on the respective product site.
(2) All article prices are inclusive of statutory value added tax, unless expressly otherwise stated. The prices stated are end selling prices and are subject to shipping costs unless expressly otherwise shown. With cash on delivery payment terms a delivery charge of 4.00 € will apply in addition. With deliveries to countries outside the EU import duties can apply in addition, and shall be for the account of the Buyer.
Section 5 - Payment
Possible payment terms are payment in advance/bank transfer, cash on delivery, credit card, PayPal, direct debit or against invoice.
Section 6 - Transport damage
(1) If goods are delivered with obvious transport damage, the Customer is requested to notify this damage immediately to the delivery agent, and to contact the Seller as quickly as possible.
(2) Failure to notify damage or to make contact shall have no consequences whatsoever in terms of the statutory warranty rights, but notification/contact will help the Seller in asserting own claims against the carrier or the transport insurance.
Section 7 - Offsetting/right of retention
(1) You will only be entitled to offset if your counter-claim has been established by declaratory judgment, is not disputed by us, has been recognised by us or is in a close synallagmatic relation to our claim.
(2) You are only entitled to exercise a right of retention if your counter-claim is based on the same contractual relationship.
Section 8 - Delivery, retention of title
(1) In the absence of any agreement to the contrary, the goods will be delivered from our warehouse to the address indicated by you.
(2) We shall retain title to the goods until such time as full payment of the selling price has been received.
(3) The following shall apply in extension if you are an entrepreneur as defined in Section 14 BGB (German Civil Code):
- We shall retain title to the goods until such time as all claims under the current business relationship have been settled in full. Pledging or transfer by way of security is not admissible prior to the passing of ownership of the conditional commodity.
- You are entitled to make onward sale of the goods in the ordinary course of business. For this purpose, you hereby assign to us henceforth all claims, accruing to you from the onward sale, in the amount of the invoice total. We hereby accept the assignment, but are nevertheless authorised to collect the claims. We reserve the right to collect claims ourselves if you do not comply correctly with your payment obligations.
- In the event of joining or mixing of the conditional commodity, we shall acquire joint ownership of the new item in the ratio of the invoice value of the conditional commodity to the other items processed at the time of processing.
- On request, we undertake to release the collateral to which we are entitled, if and in so far as the realisable value of our collateral exceeds the claims to be secured by more than 10%. The choice of which collateral to release shall lie with us.
Section 9 - Instructions concerning the right of cancellation for consumers
Consumers are entitled to a right of cancellation subject to the following conditions. A consumer is any natural person concluding a legal transaction for a purpose that cannot be assigned predominantly to either their commercial or their independent professional activity.
Right of cancellation
You have the right to cancel the present contract within fourteen days without stating reasons. The cancellation period is fourteen days from the date on which you, or a third party nominated by you who is not the carrier, takes possession of the goods.
To exercise your right of cancellation you must inform us
Feuerwear GmbH & Co. KG
Directors: Martin Klüsener, Robert Klüsener
Tel: +49 (0)221 – 46 89 23 – 0
Fax: +49 (0)221 – 46 89 23 - 40
of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, facsimile or email). You can use the enclosed cancellation form, although this is not compulsory. You can also complete and send the specimen cancellation form, or another clear declaration, electronically on our website (click here). If you make use of this facility, we shall send you immediate acknowledgement of receipt of any such cancellation (e.g. by email). For the purpose of compliance with the cancellation deadline, it is sufficient if you send the notification of exercise of the right of cancellation prior to expiry of the cancellation period.
The right of cancellation does not apply in the case of distance selling contracts for the delivery of goods produced to customer specifications, that are clearly tailored to personal requirements, whose characteristics make them unsuitable for return, that can perish quickly or whose "use by" date would be exceeded.
Consequences of cancellation
If you cancel this contract, we shall be required to refund all payments received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a form of delivery other than the standard, economically-priced delivery offered by us). The refund shall be due immediately and at the latest within fourteen days of receipt by us of the notification of cancellation of the present contract. We shall use the same form of payment for this refund as used by you for the original transaction, unless an express agreement to the contrary has been made with you. Under no circumstances will you be charged any fees in connection with this refund. We can refuse the refund until such time as we have received the goods back, or you provide us with evidence that you have returned the goods, whichever occurs first. You must return or hand over the goods to us immediately, and in all cases at the latest within fourteen days from the date on which you inform us of cancellation of this contract. The deadline shall be considered adhered to if you dispatch the goods prior to expiry of the fourteen-day period. The direct costs of returning the goods shall be for your account. You will only be required to assume responsibility for any loss of value of the goods if this loss of value is attributable to handling of the goods that is not necessary for checking the quality, characteristics and function of the goods.
[End of the instructions concerning the right of cancellation]
Specimen cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To Feuerwear GmbH & Co. KG, Wilhelm-Mauser-Str. 47, 50827 Cologne, email@example.com, Fax: +49 (0)221 – 46 89 23 – 40
- I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only with notification in paper format)
(*) please delete as applicable.
[End of the specimen cancellation form]
Section 10 - Return delivery
(1) Kindly avoid damage and dirtying. If possible, please return the goods to us in the original packing, together with all accessories and with all packing constituents. Use protective outer packing if necessary. If you no longer have the original packing, please ensure sufficient protection against transport damage through suitable packing, in order to avoid claims for damages based on damage due to insufficient packing.
(2) Please contact us at firstname.lastname@example.org before returning, in order to register the return delivery. In this way you enable us to allocate the products as quickly as possible.
(3) Kindly note that the modalities set out in paragraphs 1 and 2 above are not a prerequisite for effective exercise of the right of cancellation.
Section 11 - Warranty
(1) In the absence of any express agreement to the contrary, the Buyer's warranty claims shall be based on the statutory provisions of the law on the sale of goods (Sections 433 et seq. BGB).
(2) If the Buyer is a consumer as defined in Section 13 BGB, the limitation period for warranty claims concerning used items shall be one year – in deviation from the statutory provisions. This limitation shall not apply to claims based on damage resulting from injury to life, limb or health, or based on violation of an essential contractual obligation, fulfilment of which makes correct execution of the contract possible in the first place, and in compliance with which the contract partner can regularly trust (cardinal obligation), and also to claims based on other damage, resulting from an intentional or grossly negligent violation of obligations by the user or his/her vicarious agents.
(3) In other respects, the warranty shall be governed by the statutory provisions.
(4) If the Buyer is an entrepreneur as defined in Section 14 BGB, the statutory provisions shall apply with the following modifications:
- You are obliged to examine the goods immediately and with the required diligence for quality and quantity deviations, and to report obvious defects to us within 7 days of receipt of the goods. On-time sending shall suffice for compliance with the deadline. In the event of concealed defects ascertained at a later date, the same deadline shall apply with effect from detection. The assertion of warranty claims is excluded given violation of the obligation to examine and to report defects.
- In the event of defects, we shall, at our discretion, provide a warranty through repair or replacement delivery (subsequent fulfilment). In the event of repair, we shall not be required to bear the increased costs incurred for transporting the goods to a location other than the place of performance, if transport does not correspond to use of the goods as intended.
- If the subsequent fulfilment fails twice, you shall, at your discretion, be entitled to demand a reduction in the selling price or to withdraw from the contract.
- The warranty period is one year from delivery of the goods.
Section 12 - Liability
(1) Unlimited liability: The Seller shall be unlimitedly liable in cases of intent and gross negligence as well as in cases covered by the Product Liability Act. In cases of slight negligence, the Seller shall be liable for damage resulting from injury to the life, limb or health of persons.
(2) In other respects, the following limited liability shall apply: In cases of slight negligence the Seller shall only be liable in the event of violation of an essential contractual obligation, fulfilment of which makes correct execution of the contract possible in the first place, and in compliance with which you can regularly trust (cardinal obligation). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract and occurrence of which must typically be reckoned with. This limitation of liability shall also apply in favour of the Seller's vicarious agents.
Section 13 - Payment by direct debit
If payment is by direct debit, sufficient cover in the account stated must be ensured. If a payment transaction is returned due to a lack of cover, on the basis of incorrect data provided by the Customer or following an objection, the Customer shall be charged an administration fee of 12.00 €.
In the event of disagreements concerning the amount debited, the invoice amount or the goods delivered, please contact us immediately (ideally by email: email@example.com). We shall then resolve the problems without the need for costly return of the direct debit.
In cases of return deliveries, the Customer is not entitled to reverse the payment amount arbitrarily, but rather must wait for reimbursement. As a rule, this will be arranged within 3 working days of receipt of the return delivery. If the Customer reverses the payment amount arbitrarily nevertheless, it shall be obliged to pay the administration fee of 12.00 €.
We offer payment by direct debit solely subject to reservations. If necessary we shall obtain a credit reference to safeguard our justified interests.
Section 14 - Terms and conditions applicable to vouchers
(1) The voucher can be redeemed subject to the following terms and conditions when ordering from the internet sites www.feuerwear.de and www.feuerwear.com. The voucher will be sent in the form of a code to the email address stated following receipt of payment. An amount corresponding to the value of the voucher will be credited following entry of this code on the "Shopping cart" site. If the value of the voucher is not fully used up, the balance can be redeemed using the same code. A cash payout is not possible.
(2) Forwarding to third parties is permitted.
(3) Under Section 195 BGB, vouchers must be redeemed at the latest by the end of the third year following sending of the voucher code. Thereafter, the voucher shall cease to be valid.
(4) Feuerwear assumes no liability for the correctness of the email address. Feuerwear shall forward the voucher code exclusively to the Buyer. The Buyer is responsible for ensuring that the code remains secret.
(5) Feuerwear reserves the right to declare the voucher invalid if an attempt at fraud or deceit is detected.
(6) The voucher will be issued for a monetary value and not for a specific item/unique product. Damages instead of performance based on performance not provided or not provided as owed (Section 281 BGB) is therefore not applicable to the voucher.
Section 15 - Concluding provisions
(1) The language of the contract is German.
(2) Contracts between the Seller and the Customer shall be governed by the law of the Federal Republic of Germany, subject to exclusion of the laws on the international sale of movable goods. This choice of law shall only apply to consumers in so far as this does not result in loss by the Customer of the protection, granted through mandatory provisions of the law of the consumer's country of habitual abode.
(3) If the Customer is a merchant, a legal person under public law or a public-law special fund, the place of jurisdiction for all disputes concerning contractual relationships between the Customer and the Seller is the Seller's registered office. This shall also apply if the Customer has no general place of jurisdiction in Germany or the EU, or if its place of residence or place of habitual abode is not known at the time of filing legal action.
Section 16 - Information on online dispute resolution
The EU Commission set up an internet platform for the online resolution of disputes (so-called "OS platform") on 15 February 2016. The OS platform is intended as contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts of purchase. The OS platform can be reached via the following link: www.ec.europa.eu/consumers/odr
We are neither prepared nor obliged to participate in dispute resolution procedures before a consumer arbitration body.