General terms and conditions of business

1 Scope

1. The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.
   2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
   3. 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 their commercial or independent professional activity.
   4. These General Terms and Conditions also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contracting parties, conclusion of contract

1. The purchase contract is concluded with feinsein – owner Julia Hattig, Ismaninger Str. 86, 81675 Munich.
2. You can select products from the feinsein range and collect them in a so-called shopping cart by clicking on the “Add to cart” button. By clicking on the “Buy now” button, you submit a binding request to purchase the goods in your shopping cart. You can change and view your details at any time before submitting your order.
3. feinsein will then send you an automatic confirmation of receipt with the subject line “Confirmation of your order at feinsein” by email, in which your order is listed again and which you can print out using the “Print” function. Your order represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the contents of the order. Also in this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, terms and conditions, and order confirmation) on a permanent data carrier (email or paper printout). The contract text will be stored in compliance with data protection regulations.
4. The contract is concluded in the following languages: German.

3 Delivery, availability of goods

1. Delivery is made as insured shipping with DHL. Delivery restrictions can be viewed on our website under “Shipping.”
   2. The delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance.
   3. Unfortunately, it is not possible to pick up the goods yourself. We do not deliver to packing stations.
   4. If the product you have specified in your order is only temporarily unavailable, we will also notify you immediately. If delivery is delayed by more than two weeks, you have the right to withdraw from the contract. In this case, feinsein is also entitled to withdraw from the contract. In this case, we will immediately refund any payments already made by the customer.
   5. The following delivery restrictions apply: feinsein only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Albania, Andorra, Armenia, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Germany, Denmark, Estonia, Finland, France, Georgia, Greece, Republic of Ireland, Iceland, Italy, Kazakhstan, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Sweden, Switzerland, Serbia, Slovakia, Slovenia, Spain, Czechia, Turkey, Ukraine, Hungary, Vatican City, United States of America (USA), United Kingdom, Cyprus, Austria.

 

4 Payment methods

The following payment methods are available in our shop:

Direct bank transfer/prepayment: If you select direct bank transfer/prepayment as your payment method, we will send you our bank details in a separate email and deliver the goods after receipt of payment.

PayPal: During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Invoice: The invoice payment method is only intended for dealers (resellers). The payment term is 10 days.

Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.

5 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

Goods that have been custom-made for you are excluded from the right of withdrawal.

To exercise your right of withdrawal, you must notify us:

feinsein
Owner Julia Hattig
Ismaninger Str. 86
81675 Munich
Germany
info@feinsein.eu
Tel: (0)172 899 99 06

by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of 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 receive notification of your withdrawal from this contract.

We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods. 
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

Sample withdrawal form
If you wish to withdraw from the contract, please fill out this form and send it back to:

 

feinsein
Owner Julia Hattig
Ismaninger Str. 86
81675 Munich
Germany

I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods.

– Name of goods, order number (if applicable), and price
– Goods ordered on
– Goods received on
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper notifications)
– Date

 

6 Retention of title

The delivered goods remain the property of the supplier until the purchase price has been paid in full.

 

7 Prices and shipping costs

1. All prices stated on the feinsein website include the applicable statutory sales tax.
2. The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer, unless the customer exercises any right of withdrawal.
3. In the event of withdrawal, the customer shall bear the direct costs of returning the goods

8 Transport damage

If goods are delivered with obvious transport damage, please report such defects to the delivery agent 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 help us to assert our own claims against the carrier or transport insurance company.

9 Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
The limitation period for claims for defects in used goods is one year from delivery of the goods.
The above restrictions and shortened periods do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents

– in the event of injury to life, limb, or health,
– in the event of intentional or grossly negligent breach of duty as well as malice,
– 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 the observance of which 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 applies.

Information on any additional guarantees 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 damage caused by us, our legal representatives, or vicarious agents

– in the event of injury to life, limb, or health,
– in the event of intentional or grossly negligent breach of duty,
– in the event of warranty promises, if agreed, or
– insofar as the scope of application of the Product Liability Act applies.
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 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, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

 

11 Information on data processing

feinsein collects customer data in the course of processing contracts. In doing so, it complies in particular with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process, or use the customer's inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.
Without the customer's consent, feinsein will not use the customer's data for advertising, market research, or opinion polling purposes.

12 Final provisions

1. 
   1. Contracts between feinsein and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and feinsein is the registered office of the provider.
3. Even if individual points of the contract are legally invalid, the remaining parts of the contract remain binding. The invalid points shall be replaced by the statutory provisions, if available. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall become invalid in its entirety.

Alternative dispute resolution in accordance with

Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

As of: October 2020 | Julia Hattig