General Terms and Conditions Online Shop (GTC)

Content

1. seller

2. area of application

3. conclusion of contract

4. warranty

5. liability

6. right of withdrawal

7. prices and shipping costs

8. delivery

9. payment

10. retention of title

11. dispute resolution

1. Seller

Matthias Riekeles - sole proprietor, Kapellenweg 8, 88069 Tettnang, Germany

hereinafter referred to as "flexaport".

2. Area of application

For all orders through our online store by consumers and entrepreneurs, the following General Terms and Conditions (GTC) apply.

Consumer is every natural person, who concludes a legal transaction for a purpose, which can predominantly be attributed neither to his commercial nor to his independent professional activity.

An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

3. Conclusion of contract

3.1 The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.

3.2 By clicking the button [Buy/order with costs] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation by e-mail immediately after receiving your order.

4. Warranty

4.1 The statutory warranty rights (§§ 434ff. BGB) apply to the goods offered.

4.2 The following restrictions and shortened periods shall not apply to claims based on damage 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 as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
  • within the scope of a guarantee promise, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

4.3 Restrictions towards entrepreneurs

With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB shall remain unaffected.

4.4 Provisions vis-à-vis merchants

Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

5. Liability

5.1 For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in the event of injury to life, limb or health,
  • in case of intentional or grossly negligent breach of duty,
  • in the case of warranty promises, insofar as agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

sentatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

5.3 Otherwise, claims for damages are excluded.

6. Right of cancellation

6.1 Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of withdrawal.

6.2 If you, as a consumer, make use of your right of revocation pursuant to Section 4.1, you shall bear the regular costs of the return shipment.

6.3 In all other respects, the right of revocation shall be governed by the provisions set out in detail in the following

Cancellation policy

Consumers have a fourteen-day right of revocation

Right of cancellation

You have the right to cancel 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, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must inform the seller (Matthias Riekeles, Kapellenweg 8, 88069 Tettnang, info@flexaport.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you cancel this contract, we shall reimburse you 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 most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will 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 any fees because of 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.

You must return or hand over the goods to us without undue delay and in any case no later than within 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 expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will 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 checking the condition, properties and functioning of the goods.

- End of the cancellation policy -

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back).

To Matthias Riekeles, Kapellenweg 8, 88069 Tettnang, Germany, info@flexaport.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of consumer(s) (only in case of paper communication)
  • Date

(*) Delete where not applicable.

7. prices and shipping costs

7.1 The prices stated on the product pages include the statutory value added tax and other price components.

7.2 In addition to the stated prices, shipping costs will be added. You can find out more about the amount of the shipping costs in the offers.

7.3 If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer, but not to the supplier, but to the customs or tax authorities responsible there. The Customer is advised to ask the customs or tax authorities for details before placing the order.

8. Delivery

8.1 Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.

8.2 The commencement of the delivery period stated by us shall be subject to the timely and proper fulfillment of the Purchaser's obligations. We reserve the right to plead non-performance of the contract.

8.3 Two weeks after a non-binding delivery date/delivery deadline has been exceeded, the customer may request us in text form to deliver within a reasonable period of time. If we culpably fail to meet an express delivery date/period or if we are in default for any other reason, the customer must grant us a reasonable grace period to effect performance. If we allow the period of grace to expire fruitlessly, the customer shall be entitled to withdraw from the purchase contract.

8.4 If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer shall be entitled to prove that no damage at all or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the Purchaser at the point in time at which the Purchaser is in default of acceptance or debtor's delay.

8.5 Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.

8.6 Transport damage:

The following shall apply 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, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the 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.

8.7 If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer, but not to the supplier, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before placing the order.

9. payment

In our store, the following payment methods are generally available:

9.1 Prepayment

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

9.2 PayPal

In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") we offer the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal does not require registration with PayPal. You will find further information on the respective payment option and in the order process.

9.2.1 PayPal

In order to be able to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order.

9.2.2 Credit card via PayPal

Your card will be charged by PayPal after the goods have been shipped.

9.2.3 Direct debit via PayPal

Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). The account will be debited before the goods are shipped.

10. Retention of title

10.1 The goods remain our property until full payment.

10.2 For entrepreneurs, the following shall apply in addition: We shall retain 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 shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall 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%.

11. dispute resolution

10.1 The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.