General Terms and Conditions

 

01. Scope

The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

02. Contracting parties, conclusion of contract, correction options

The purchase contract is concluded with FS Tec Limited.

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the goods contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after submitting the order.

We will accept your offer within two days by

* we submit a declaration of acceptance in a separate email or

* If applicable, the payment transaction is processed by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see "Payment").

The alternative that is relevant to you depends on which of the listed events occurs first.

03. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We save the contract text and send you the order details and our General Terms and Conditions in text form. You can view the contract text in our customer login.

04. Delivery conditions

Shipping costs may apply in addition to the stated product prices. Further details regarding applicable shipping costs can be found in the individual offers.

We only ship by mail. Unfortunately, pickup is not possible.

We do not deliver to packing stations.

05. Payment

In our shop you can generally use the following payment methods:

Prepayment

If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

credit card

During the ordering process, you enter your credit card details. Your card will be charged immediately after you place your order.

Amazon Pay

To pay the invoice amount via the payment service provider Amazon Payments Europe SCA, 38 avenue JF Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by Amazon Pay within one banking day after the order is placed.Amazon Pay may offer additional payment methods in the customer account to registered Amazon Pay customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with Amazon Pay. Further information on this can be found in your Amazon Pay account.

Klarna

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found with the respective payment option and during the ordering process.

* Purchase on account via KlarnaThe invoice amount is due 30 days after the goods are shipped and the invoice is received. Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with Klarna. Further information on this can be found in your Klarna account.

* Klarna direct debitYou authorize Klarna to pay by SEPA direct debit. Klarna will inform you of the date your account will be debited (so-called prenotification). The account will be debited after the goods are shipped.

* Installment purchase via KlarnaYou can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is €6.95. Klarna may offer registered Klarna customers additional payment options in their customer accounts (e.g., interest-free installment plans) selected according to its own criteria. However, we have no influence on the availability of these options; other individually offered payment options affect your legal relationship with Klarna. Further information on this can be found in your Klarna account.

PayPal, PayPal Express

To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after you place your order. Further information will be provided during the ordering process.PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

06. Right of withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

07. Retention of title

The goods remain our property until full payment has been made.

The following applies additionally to entrepreneurs: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

08. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the freight carrier or transport insurance.

09. Warranty and guarantees

09.1 Liability for defects

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives or vicarious agents

* in case of injury to life, body or health

* in case of intentional or grossly negligent breach of duty and malice

* in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)

* within the scope of a guarantee promise, if agreed, or

* insofar as the scope of application of the Product Liability Act is open.

Restrictions on entrepreneurs

With respect to businesses, only our own information and the manufacturer's product descriptions included in the contract are deemed to be an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.

The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.

Regulations for merchants

Merchants are subject to the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB). If you fail to provide the notification stipulated therein, the goods shall be deemed accepted, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.

09.2 Guarantees and customer service

Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.

10. Liability

We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents

* in case of injury to life, body or health,

* in case of intentional or grossly negligent breach of duty,

* in the case of guarantee promises, if agreed, or

* insofar as the scope of application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or our vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded and whose occurrence must typically be expected. Otherwise, claims for damages are excluded.

11. Dispute resolution

Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.