A. General Terms and Conditions
- 1 Scope of application
- 2 Conclusion of contract
- 3 Return costs when exercising the right of revocation
- 4 Prices and terms of payment
- 5 Delivery and shipping conditions
- 6 Liability for defects
- 7 Applicable law
B. Customer information
- 1 Information on the identity of the seller
- 2 Information on the essential characteristics of the goods or services
- 3 Information on the conclusion of the contract
- 4 Information on payment and delivery
- 5 Information on the technical steps leading to the conclusion of the contract
- 6 Information for the storage of the contract text
- 7 Information on the technical means to detect and correct input errors
- 8 Information on the languages available for the conclusion of the contract
A. General Terms and Conditions
1 Scope of application
1.1 These terms and conditions of "FELIX Solingen GmbH" (hereinafter "Seller") shall apply to all contracts which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
2 Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering his personal data and by clicking the button completing the ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
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. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 The order processing and establishment of contact take place as a rule by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3 Return costs when exercising the right of revocation
If the customer has a right of revocation, the regular costs of returning the goods shall be charged to him when exercising the right of revocation if the price of the goods to be returned does not exceed 40 Euros or if, in the case of a higher price of the goods, the customer has not yet paid the consideration or a partial payment at the time of revocation, unless the goods delivered do not correspond to the goods ordered. In all other cases the seller bears the costs of the return.
4 Prices and terms of payment
4.1 The prices quoted by the Seller are final prices and include the statutory value added tax. Any additional delivery and shipping costs shall be stated separately in the respective product description.
4.2 The customer has various payment options at his disposal, which are indicated in the seller's online shop.
4.3 If prepayment has been agreed, payment is due immediately after conclusion of the contract.
5 Delivery and shipping conditions
5.1 The delivery of goods shall take place regularly by dispatch and to the delivery address specified by the customer. The delivery address stated in the purchase transaction of the seller is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.
5.2 If the carrier returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer exercises his right of revocation by refusing to accept, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer or a person authorized to receive the goods upon delivery. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of mail order purchase shall pass to a suitable transport person upon delivery of the goods to the seller's place of business.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a concrete covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collections are not possible for logistical reasons.
6 Liability for defects
The statutory liability for defects applies.
7 Applicable law
7.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
7.2 If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
7.3 This contract language is English.
B. Customer information
1 Information on the identity of the seller
FELIX Solingen GmbH
An den Eichen 6
42699 Solingen, Germany
Phone: +49 212-23140-300
fax: +49 212-23140-399
Managing Director: Rosario Catalano, Solingen
Register court: Wuppertal
Register number: HRB 24360
Sales tax identification number according to § 27 a sales tax law: DE 815373496
2 Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services result from the respective product description provided by the seller.
3 Information on the Conclusion of the Contract
The conclusion of the contract takes place in accordance with the provisions of section 2 of the seller's general terms and conditions (see above).
4 Information on payment and delivery
Payment shall be made in accordance with Clause 4 and delivery in accordance with Clause 5 of the Seller's General Terms and Conditions (see above).
5 Information on the technical steps leading to the conclusion of the contract
For the submission of his offer via the online order form of the seller, the customer must go through the following technical steps:
- 5.0.1 Placing the desired item in the virtual shopping basket
- 5.0.2 Entering billing and delivery addresses
- 5.0.3 Selecting the desired shipping method
- 5.0.4 Selection of the desired payment method
- 5.0.5 Summary of order data
- 5.0.6 Sending the order
5.1 Acceptance by the Seller shall be in accordance with clause 2.3 of the Seller's General Terms and Conditions (see above).
6 Information on the storage of the contract text
The text of the contract is stored by the seller and sent to the customer in text form (e.g. as letter, fax, e-mail) after sending off his order together with the present general terms and conditions and customer information. However, the text of the contract can no longer be retrieved by the customer via the seller's website after sending his order.
7 Information about the technical means to detect and correct input errors
Before the binding submission of the order, the customer can correct his entries continuously using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
8 Information on the languages available for the conclusion of this contract
The English language is available for the conclusion of this contract.