General Terms and Conditions of Sale

§ 1 Basic provisions

(1) The following terms and conditions shall apply to all contracts entered into through the supplier’s online shop between
Claudia Metcalfe
Wasserbogen 43,
82166 Gräfelfing, Germany
– hereinafter referred to as supplier – and the customer. Unless otherwise agreed, no inclusion of the customer’s own terms and conditions shall be accepted.

(2) Consumer within the meaning of the following provisions shall be any natural person who enters into a legal transaction for a purpose that cannot be attributed either to his commercial or self-employed activity. Entrepreneur is any natural or legal person or partnership with legal capacity who is acting in pursuit of their self-employed or commercial activity when entering into a legal transaction.

(3) The contract language is German. The text of the contract shall be held at the supplier’s premises. But storage is for a finite period only, which is why the customer himself must provide for a printout or separate storage arrangements.

§ 2 Object of contract

The object of the contract is the sale of goods. The details, especially the main features of the goods, are to be found in the article description and supplementary information on the supplier’s webpage.

§ 3 Establishment of the contract

(1) The supplier’s product offerings on the Internet shall not constitute a binding offer for the conclusion of a purchase contract but are an invitation to submit an offer (customer’s purchase offer).
The customer may submit his purchase offer by phone, in writing, by fax, e-mail or by means of the online ordering system.
When making a purchase using the online shop system care should be taken to ensure:
The goods intended for purchase are placed in the "shopping basket". The customer can use the corresponding button in the navigation bar to call up the "shopping basket" and make changes to it at any time. Finally, after having called the "checkout" page and entered one’s personal data along with the payment and shipping terms and conditions, all the order data are displayed once again. Before submitting the order, the customer has the opportunity to check all the information once again, amend them (including use of the "back" function of the internet browser) or else abort the purchase. By using the appropriate button to place the order, the customer is submitting a binding offer to the supplier. The customer will initially receive an automatic e-mail that his order has been received but has not yet resulted in the conclusion of a contract.

(2) The use by the customer of approved forms of immediate payment shall not yet result in the conclusion of a contract, notwithstanding the payment of the purchase price or a consideration. In any case, the offer shall be accepted (and thus the contract concluded) by confirmation in text form (e.g. e-mail) confirming to the customer that the order has been processed or the goods delivered or by the goods being dispatched.
If within 5 days the customer has not have received any order confirmation or been advised of delivery or has not received any goods, he shall no longer be bound by his order. In this case, any services already rendered shall be returned forthwith.

§ 4 Prices, shipping costs

(1) The prices and shipping costs specified in the respective offers are final prices. They include all the price elements including due value-added tax.

(2) In addition to the specified prices and shipping costs, the customer shall be responsible in each case for the taxes, fees, duties and other charges of whatever nature incurred in exporting from Germany and importing into the country in question. The customer shall be solely responsible for determining the costs of such taxes, fees, duties and other charges.

(3) Shipping costs are not included in the purchase price; they can be retrieved from the “Payment and shipping” page, are displayed separately in the course of the order process and are to be paid by the customer as an extra unless free shipping has been promised.

§ 5 Payment and shipping terms

(1) The payment and shipping terms can be found under the button of the same name in the navigation bar.

(2) If contrary to expectations and despite an appropriate covering transaction having been made in good time a product ordered by a customer is not available for reasons for which the supplier is not responsible, the customer shall immediately be informed of the non availability and in the event of cancellation any payments already made shall be reimbursed without delay.

(3) As a consumer, the customer is requested immediately upon delivery to inspect the goods for completeness, any obvious defects and transport damage and notify any complaints to the supplier and shipping agent as quickly as possible. This shall be without prejudice to the customer’s warranty claims.
If the customer is a consumer, the risk of accidental destruction or deterioration of the purchased goods in the course of shipping shall not pass to the customer until the goods have been handed over to the customer by the contracted shipping company, irrespective of whether the consignment was insured or not.
If the customer in not a consumer, delivery and shipping shall be at his risk.

§ 6 Offsetting, right of retention

(1) The customer shall only be entitled to offset if the counterclaim is uncontested, established in law or acknowledged by the supplier.

(2) A customer shall only be able to assert a right of retention for claims arising from the same contractual relationship.

§ 7 Warranty

(1) The statutory regulations shall apply.

(2) The warranty period for second-hand goods shall be one year from delivery of the goods, contrary to the statutory regulation. The one year warranty period shall not apply for culpable damage attributable to the supplier arising from injury to life, the body or health and deliberate or grossly negligent or malicious damage caused by the supplier, nor in the event of claims under a right of recourse pursuant to sections 478, 479 of the German Civil Code,

(3) If the customer is an entrepreneur then in derogation to para 1:

a) Only the supplier’s own information and the manufacturer’s product description shall be deemed agreed as being the nature of the goods, but not other advertising, public statements or claims by the manufacturer.

b) The customer shall be obliged to inspect the goods for qualitative and quantitative discrepancies forthwith and with the required care and report obvious defects to the supplier within 7 days of receiving the goods. Punctual dispatch suffices for compliance with the deadline. The same shall apply for hidden defects that subsequently come to light from the moment they are discovered. The assertion of warranty claims will not be entertained in the event that the duty to examine and notify defects is infringed.

c) In the event of defects, the supplier shall honour the guarantee by repair or replacement, at his discretion. Should rectification of the defect fail on two occasions, the customer may at his discretion demand abatement or withdraw from the contract. In the event of repair, the supplier shall not be required to bear the increased costs incurred as a result of transporting the goods to a different location than the place of performance, if the transportation does not correspond to intended use of the goods.

d) The warranty period shall be one year from delivery of the goods. The shorter warranty period shall not apply for culpable damage attributable to the supplier arising from injury to life, the body or health and deliberate or grossly negligent or malicious damage caused by the supplier, nor in the event of claims under a right of recourse pursuant to sections 478, 479 of the German Civil Code,

§ 8 Retention of title

(1) The goods shall remain the supplier’s property until the purchase price has been paid in full.

(2) If the customer is an entrepreneur, the following shall also apply:

a) The supplier shall reserve title in the goods until all claims arising from the current business relationship have been discharged in full. No bailment or pledging as security shall be permitted prior to the transfer of title to the reserved property.

b) The customer may sell the goods on in the normal course of business dealings. In this case he shall with immediate effect assign to the supplier accepting the assignment all claims equal to the invoice amount accruing from the onward sale. The customer shall continue to be authorised to collect the receivable. If however he fails properly to comply with his payment obligations, the supplier shall reserve the right to collect the receivable himself.

c) In the event of the reserved property being combined or mixed, the supplier shall obtain co-ownership in the new product pro rata to the invoice value of the reserved property relative to the other processed goods at the time of processing.

d) The supplier shall undertake to relinquish the security to which he is entitled at the customer’s behest if the realisable value of the supplier’s security exceeds the claim for which security is required by more than 10%. The decision as to which securities are to be relinquished shall be incumbent upon the supplier.

§ 9 Liability

(1) The supplier shall be liable without restriction for damage arising from injury to life, the body or health, if he maliciously conceals a defect or has taken over a warranty as to the nature of the purchased item, in all cases of intent and gross negligence, in the event of damage under the Product Liability Act or if otherwise mandated by law.

(2) If essential obligations arising from the contract are affected, infringement of which jeopardises the achievement of the purpose of the contract, the supplier’s liability in the event of slight negligence shall be limited to the foreseeable losses typical of the contract.

(3) In the event of non essential contractual obligations being infringed, no liability shall be entertained for breaches of duty as a result of slight negligence.

(4) In the current state of the art, data communication over the internet cannot be guaranteed to be free of error and/or available at all times. To that extent, the supplier shall not be liable for the constant or uninterrupted availability of the website and service available there.

§ 10 Miscellaneous

Logo felice
is a registered trademark.
We are the owners or licence holders of all the brands, other trademarks, trade or company names, illustrations, images, logos, registered or unregistered designs, copyrights and other intellectual property rights that appear on our website, along with the content published on the website. Protective rights and the content of our website may only be used with our prior written approval unless the use is in order to give effect to the contractual relationship and for your own non-commercial purposes.

§ 11 Choice of applicable law, place of performance, jurisdiction

(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer normally resides is not withdrawn (favourability principle).

(2) The place of performance and jurisdiction for all the services arising from the business relations existing with the supplier shall be the supplier’s registered office inasmuch as the customer is not a consumer but a merchant, legal entity under public law or special trust under public law.
The same shall apply if the customer does not have any general place of jurisdiction in Germany or the EU or the place of residence or usual whereabouts are not known at the time the case is brought. This shall be without prejudice to the authority to apply to the court of a different place of jurisdiction.

In the event of any contradictions between the German and the English version, the German version shall takes precedence.


© Händlerbund Management AG – as at 30.01.11
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