General Terms and Conditions of the Company Fetish Felix, Owner Stephan Torster
1. Scope of application
Contracts are only subject to the following conditions in their latest version. Relevant for inclusion in the contract are the valid general terms and conditions at the time of conclusion of the contract, deviating general terms and conditions of the customer are not valid. Individual agreements remain unaffected wherefrom. Consumers for the purposes of these general terms and conditions are natural persons who enter into a business relationship, whereby a commercial or independent professional activity can not be attributed to them. Entrepreneurs for the purposes of these general terms and conditions are natural or legal persons or legal partnerships, who enter into a business relationship, whereby the act involves a commercial or independent professional activity.
2. Offers and Conclusions of Contracts
The catalogue data or information in electronic media (in particular on the website) does not constitute offers, but only serves as product and pricing information. The contract is conclud-ed through the shipment of our acceptance declaration or of the goods, whichever occurs first.
3. Right of revocation pursuant to §§ 355, 312 d et seq German Civil Code (BGB):
The revocation has to be addressed to:
You can revoke your contract declaration within 14 days in writing without giving reasons (e.g. letter, fax, email) or - if the goods have been delivered before the end of this period - by returning the said goods. The time period begins pursuant to the receipt of this instruction in text form, however not before the receipt of the goods by the recipient (in the case of recur-ring deliveries of similar goods not before the receipt of the first partial delivery) and also not prior to the fulfilment of our information obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) as well as our obligations according to § 312g paragraph 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 of the German Civil Code (BGB). It is sufficient to comply with revocation period by timely dispatching the revocation or the said goods.
Owner: Stephan Torster
In the case of an effective revocation, the mutually received services have to be returned and where expedient any derived benefits (e.g. interest) have to be surrendered. In the event that you are either not or only partially in the position to return or else to surrender to us the re-ceived services as well as benefits (e.g. use benefits) or in the event that you can only sur-render or else return them in a deteriorated condition, you are in this case insofar obliged to pay us the compensation for the value. In the case of the deterioration and in the case of derived benefits, you are only obliged to pay the compensation for the value insofar as the use or the deterioration relates back to a handling that goes beyond the examination of the properties and functioning. For the purposes of these general terms and conditions "the ex-amination of the properties and functioning" refers to the testing and trying out of the relevant goods, to the extent possible and customary in a retail store. Goods consignable by parcel shipment may be returned at our risk. You have to bear the regular costs for the return ship-ment of the goods if the delivered goods correspond to the order placement and if the price of the returned goods does not exceed an amount of 40 Euro or if you have in the case of a higher price of the said goods at the time of the revocation, not yet provided the quid pro quo or a contractually agreed part payment. Otherwise the return shipment is free of charge for you. Goods that are not consignable by parcel shipment will be picked up by us from your facilities. Obligations to reimburse payments have to be fulfilled within 30 days. The period begins in your case upon the dispatch of your revocation declaration or of the said goods, in our case with the receipt.
End of the revocation instruction
3.1 Bearing of the costs in the case of the return shipment pursuant to the revocation
It is agreed between the parties that the buyer bears the regular costs of the return shipment of the goods, if the delivered goods correspond to the order placement and if the price of the returned goods does not exceed an amount of 40 Euro or if the buyer has in the case of a higher price of the said goods at the time of the revocation, not yet provided the quid pro quo or a contractually agreed part payment.
3.2. The statutory right of revocation pursuant to § 312 d German Civil Code (BGB) does among others not exist in the case of distance selling contracts
a) for the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly and whose expiration date has passed;
b) for the supply of audio or video recordings or of software, insofar as the delivered data carriers have been unsealed by the consumer;
c) for the supply of newspapers, periodicals and magazines, unless the consumer has sub-mitted the contract declaration by telephone;
d) that are concluded in the form of auctions (§ 156 German Civil Code (BGB)).
Hygiene items can likewise not be returned after use and application.
4. Withdrawal in the case of unavailability
Fetish Felix is entitled to withdraw from the contract if the responsibility for the unavailability of the goods ordered is not incumbent upon Fetish Felix. In this case, Fetish Felix will imme-diately inform the customer about the unavailability of the goods ordered and immediately refund the provided quid pro quo to the customer.
5. Prices, deliveries and transfer of risk
All prices include all taxes and other price constituent parts. In addition delivery and shipping costs will be incurred that will reported separately in the actual offer. The goods are predomi-nantly produced by Fetish Felix by hand, a large proportion of the production is nonetheless available for immediate delivery, and most items can as such be shipped within 3 to 7 working days. We nevertheless need to reserve the right of a delivery period of two weeks, on account of the fact that we also directly produce specific items individually according to your wishes and requirements.
In the event that the buyer is a consumer, the risk of accidental loss or deterioration of the sold goods also in the case of a dispatch sale, shall be transferred to the buyer upon the handover of the goods, in the event that the buyer is an entrepreneur, this risk is in the case of the dispatch sale already transferred upon the delivery of the goods to the carrier, freight forwarder or other person designated to ship the consignment to the buyer. The handover is likewise deemed as effected, if the buyer is in default of acceptance.
6. Payment, late payment, default of acceptance
Fetish Felix delivers against a payment in advance or pursuant to cash on delivery and is not obligated to make concessions. In the event that Fetish Felix nevertheless delivers on ac-count, default occurs with the assertion of the claim of payment of default interest no later than 30 days after delivery and receipt of an invoice or equivalent list of payments. In the event of default, Fetish Felix charges interest at the rate of 5 percentage points above the base rate, in the case of companies, 8 percentage points above the base rate. The assertion of further reaching damage by Fetish Felix is not affected wherefrom.
7. Retention of title
Fetish Felix retains the title to the goods delivered until the full payment of the purchase price. In the case of contracts with companies, Fetish Felix retains the title to the delivered goods until the full payment of all claims arising from an ongoing business relationship.
8. Warranty and liability, set-off, assignment
The warranty is based on the statutory provisions. The warranty period is 2 years and begins with the handover of the goods, insofar as the customer is not a consumer; the warranty is limited to 1 year. Warranty claims are initially limited to subsequent fulfilment. The customer is entitled to assert statutory claims in the event of failed subsequent fulfilment, he has namely at his own discretion an entitlement to a withdrawal from the contract or to a reduction of the purchase price. The provisions of the Product Liability Act remain unaffected wherefrom. In commercial business transactions it is require that the commercial customer has properly fulfilled his specific inspection and complaint obligations pursuant to §§ 377, 378 German Commercial Code (HGB). In the case of a warranty claim case please contact us under:
Owner: Stephan Torster
Tel: +49 (0) 171 - 26 85 655
Insofar as a defect in the delivery or services exists, the customer can at his option, request for a repair or a replacement. In the event that the subsequent performance fails twice, the customer is entitled to either withdraw from the contract or to demand an appropriate reduc-tion of the payment (reduction) and to claim for damage compensation.
Counter purchase price claims against Fetish Felix may only be offset if the counter-claim of the customer is in terms of its nature and amount recognised, undisputed and legally estab-lished. In the case of commercial transactions, a right of retention is excluded with the excep-tion of recognised, undisputed or legally established counterclaims. The assignment of claims against Fetish Felix arising from this contract is permitted only pursuant to prior written consent.
9. Data protection
All personal related information will in principle be treated confidentially. Insofar as you do not in an individual case grant your explicit consent to any further reaching collec-tion/processing/use of your data, the following applies: Fetish Felix only collects the personal related data that is entered within the framework of the order process, in order to perform the purchase contract with you, and which is namely your name, address, email address, and also, insofar as you voluntarily submit this information, your company name, salutation, tele-phone number, fax number, tax identification number and a different delivery address. Insofar as you pay by credit card, your credit card data will also be collected. Fetish Felix saves the data exclusively for the processing and completion of your order, and only in accordance with legal regulations. The data is then subsequently deleted. The data is only transmitted to third parties if this is necessary for the purpose of carrying out the purchase contract and the delivery. The shipping company is for example to this end made knowledgeable of your data insofar as this is necessary for the delivery of the goods. In the case of the processing of credit card payments, your payment data is transmitted to the credit card company. The dis-closure of your data to third parties is moreover excluded in other cases. You can query your stored data free of charge from Fetish Felix.
10. Storage of the contract text
The contract text is not stored by us and can not be retrieved after the conclusion of the or-dering process. You can however print the order data directly before it is dispatched.
11. Disclaimer for external links
Fetish Felix refers over its pages with links to other sites on the internet. Valid in the case of all these links is: Fetish Felix declares that it has no influence whatsoever on the design and content of linked sites. We to this end distance ourselves from all contents of linked third-party sites and do not adopt such contents. This declaration applies to all displayed links and for all the contents of sites to which the links lead.
12. Place of fulfilment, jurisdiction, contract language and applicable law
Insofar as the customer is a merchant, the exclusive place of jurisdiction is Berlin and the place of fulfilment is the registered office of the buyer. All disputes arising from this contract are subject to the laws of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar it is not revoked on account of the protection granted by mandatory provisions of the laws of the State in which the consumer has his habitual resi-dence. The application of UN purchasing law is excluded.
The contract language is German.
13. Severability clause
The invalidity or unenforceability of individual contract provisions shall not affect the validity of the remaining provisions. The invalid or unenforceable provision will be replaced by applicable legal regulations.