§1. SCOPE OF THE GENERAL TERMS AND CONDITIONS
For all orders placed via our Online shop by consumers and entrepreneurs, the following GTC apply.
According to the GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
§2. CONTRACTING PARTIES, CONCLUSION OF THE CONTRACT
The purchase contract is concluded with Fühldichwohl24 GmbH
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order together with acceptance of the order is sent immediately after sending by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
A binding contract can also be concluded beforehand as follows:
- If you have chosen the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
- If you have chosen the payment method SOFORT Überweisung, the contract is concluded at the time of confirmation of the payment instruction to SOFORT GmbH.
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our GTC by e-mail. You can also view the GTC at any time here on this page. For security reasons, your past orders are no longer accessible via the internet.
§3. DELIVERY CONDITIONS
In addition to the stated product prices, shipping costs may be added in accordance with the General Terms and Conditions. You can find out more about the shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
The following payment methods are available in our shop:
In the order process you have the option to choose the following payment methods without a PayPal account:
1. by credit card (VISA, MasterCard)
2. direct debit
3. purchase on account
Or pay your purchase directly as a PayPal customer with the email address and password of your PayPal account. In the order process you will be redirected to the website of the online provider PayPal. After placing your order in the shop, we will ask PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
PREPAYMENT / BANK TRANSFER
In case of prepayment, the goods will be shipped as soon as the payment has been credited to our account. You will receive the account details automatically after the purchase and later on request.
§5. RIGHT OF REVOCATION
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
§6. RESERVATION OF OWNERSHIP
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment.
You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
§7. GENERAL TERMS AND CONDITIONS FOR TRANSPORT DAMAGE
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply.
If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
§8. WARRANTIES AND GUARANTEES
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the shop.
§9. LIABILITY ACTIVITIES
For claims based on damage caused by us, our legal representatives or vicarious agents, our liability under the GTC is always unlimited
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty
- in the case of guarantee promises, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
§10. RIGHT OF REVOCATION
You have the right to cancel this contract within thirty days without giving any reason.
The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
In order to exercise your right of cancellation, you must inform us (Fühldichwohl24 GmbH, Alexander-Fleming-Ring 19a, 65428 Rüsselsheim) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract.
For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
According to the GTC, you must return or hand over the goods to Fühldichwohl24 Retourenlager, Alexander-Fleming-Ring 19a, 65428 Rüsselsheim, Germany, without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
SAMPLE CANCELLATION FORM
(If you wish to revoke the contract, please complete and return this form).
- To Fühldichwohl24 GmbH, Alexander-Fleming-Ring 19a, 65428 Rüsselsheim, Germany
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
(*) Delete as applicable.
§11. ONLINE DISPUTE RESOLUTION
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can access at ec.europa.eu find.
§12. FINAL PROVISIONS
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, 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 us and you shall be our registered office.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.