International Terms of Sale and Delivery Feld-M GmbH
- Scope, of Subject
- These terms apply to delivery of movable goods in accordance with the contract concluded with our customer.
- These terms contain provisions, which shall exclusively apply between you and, Feld-M GmbH if and as far as they are not amended by written agreement between the parties. We are your contractual partner. With registration according to § 2 and which each log-in to our homepage you agree to these terms in their applicable version.
- Amendments of these terms will be communicated to you in writing, by telefax or e-mail. If you do not object to such amendments within four weeks after having received shall be deemed to be approved by you. We will inform you on your right of objection and the legal consequences of your silence in case of amendment of these terms by separate notice.
- User Registration
- Your registration to our sales platform is affected at no cost. There is no entitlement to be admitted to our sales platform. Participation is restricted to persons with unlimited capacity. Upon our request you have to provide us with a copy of your identity card. For admittance please fill in and send to us by e-mail the electronic application form presented on our website. Information required for application to our platform has to be true and accurate.
- Apart from your declaration of consent to these terms your registration does not cause any other obligations. Solely by registration there is no obligation to buy any of the products offered by us. In case of changes of your personal details you are responsible for updating your account. Any amendments can be made online after log-in under “my account”.
- Data Protection
- We make use of the personal data provided to us (name, address, e-mail address) according to the provisions of German data protection law.
- Your personal data will, as far as they are required for conclusion, design or amendment of the contractual relationship (basic data), be used exclusively for the execution of the sales contracts concluded between us, in particular for delivery of goods to your address. Any use of basic data beyond the foregoing i.e. for purposes of advertising, market research or tailor-made design of our offers, require your explicit approval. You have the opportunity to render such approval before placement of your order. Such declaration of approval is voluntary, can be read on our website and may be withdrawn at any time.
- Your personal data required for utilization of our offers and for billing purposes (utilization data) will also be used solely for the execution of sales contracts concluded between us. Such utilization data are in particular features on your user identification, information on start and termination as well as extent of use of platform and information on the sort of teleservices used by you. Such utilization data will be used by us also for purposes of advertising, market research or tailor-made design of our teleservices and for production of user profiles under pseudonyms. You are entitled to object to the usage of your utilization data.
- If you require further information, wish to read or withdraw your approval on the usage of your basic data or utilization data, please contact our support under firstname.lastname@example.org.
- Conclusion of Contract
- Presentation of our products does not contain a binding offer. Only your order does contain a binding offer in the meaning of § 145 German civil code (BGB). In case of acceptance of such order we will send an order confirmation by e-mail.
- Prices and terms of payment
- The indicated purchase price is binding and including statutory VAT. Price changes by Feld-M are admissible if the delivery date is more than four months later than conclusion of the contract.
- The customer may pay by prepayment. The purchase price is payable in full by transfer to the account of Feld-M within 14 days after order confirmation by Feld-M. If customer does not pay on time Feld-M may withdraw from the contract. Feld-M retains the right to reject specific payment methods. Payment by mailing of cash or cheques is unfortunately not possible, we exclude any liability for loss.
- Customer may only set-off such counter-claims that are finally settled by court decision, undisputed or acknowledged by us.
- Terms of Delivery
- Delivery is made according to the agreement with the customer. Delivery costs are indicated in the product information and will be indicated separately on the invoice. Please note that in case of international delivery there may be higher delivery costs, customs and fees etc. . Delivery times are only binding if confirmed by us in writing or by telefax.
- In case delivery is not effected in time or not according to specifications you must grant us an extension of two weeks. Without such extension of time you are not entitled to withdraw from the contract.
- The goods will be posted within three working days after receipt of the purchase price in cases of prepayment.
- Right of Withdrawal
- You may withdraw from the contract within 14 days after receipt of the goods without statement of reasons. Such withdrawal has to be in writing, in text or by return consignment.
- This right of withdrawal does not apply to contracts on delivery of goods, which we have produced pursuant to your specifications, or which have been tailor-made pursuant to your specifications or which due to their constitution are not eligible for return consignment.
- With valid execution of your right of withdrawal you are obliged to return the goods as packages if possible. Such return consignment is on your own risk and costs if the gross order price is below EUR 40.–. Please return the product to Feld-M GmbH in Erzgiessereistrasse 4 D-80335 Munich.
- In case of withdrawal you are obliged to compensate us for any deterioration of the product due to the agreed usage of the product. In order to prevent this you may prefer to only inspect the product on its usability and fitness. Notwithstanding the foregoing you are liable for any damage to the product.
- The right of withdrawal exists irrespectively of warranty claims in case of defects of the product (please see § 7 liability for defects).
- The products have to be returned in safely closed original packages. Hangtags eg. may not be removed. Return consignment is at no cost if the attached return forms are used. § 3 remains unaffected.
- Time of Delivery – Passing of Risk
- Delivery periods indicated by us are prolonged in cases of strike or force majeure for the time of the delay. The same applies if the customer violates his cooperation duties.
- Delivery of the products is effected at the customer’s risk. We fulfil our obligations by handing over of the accurately packed product to the delivery person.
- Liability for Defects
- We are liable for defect products according to statutory provisions as far as such liabilities are not limited by the below provisions. The customer should notify us of any recognisable defects in writing, by fax or e-mail immediately after receipt of the product.
- The statutory limitation period for claims due to defects is two years. The period starts with the passing of risk under § 6.
- The customer does not receive any warranties or guarantees.
- We are only liable for damages, that are not due to personal injury or illness. We are only liable in cases of wilful or grossly negligent acts or omissions or in cases of negligent violation of essential contractual duties by Feld-M or its auxiliary persons. Any liability beyond the foregoing is herewith excluded. The act on product liability remains unaffected.
- Under the current state of the art correct and uninterrupted data communication over the internet cannot be guaranteed without exceptions. Therefore, we are not liable for the permanent and uninterrupted availability of our online sales platform and for any technical defects during the sales process, which are beyond our control; in particular we are not liable for delays in the processing or receipt of orders.
- Exclusion of Liability for Links
- In cases of direct or indirect links to external websites beyond our control a liability would only exist if we had positive knowledge and the reasonable opportunity to prevent the use of illegal contents. We herewith declare explicitly that as of the time of the activation of the links there are no illegal contents recognizable on the pages linked to our website. We do not have any influence on the actual or future design, contents or copyright of links from our website. Therefore, we distance ourselves explicitly from our contents of all linked/connected web sides, which are amended after activation of the link. This declaration also applies to all links and entries in guestbooks, chat rooms and mailing lists, which are placed within our own online offer.
- Liability for legal, wrongful or incomplete contents especially for damages due to usage or non-usage of such information is exclusively assumed by the offeror of the linked page and not by the person who only refers to the linked page.
- Retention of Title
- We retain title of the sold products until complete receipt of payment.
- The customer has to inform us immediately on any actions of enforcement with respect to the products, which are under subject to the retention of title and has to immediately provide any documents required for an intervention by Feld-M; this also applies to other interferences. In any event the customer has to inform third parties of the retention of title by Feld-M.
- Limitation Period
- Our claims for payment become time – barred different from § 195 in five years. § 196 BGB applies to the start of the limitation period.
- Formal requirements
- Legal declarations and notifications by the customer towards us or a third party require written form.
- Copyright for objects produced and published by us is retained solely by the author. Reproduction or usage of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without explicit approval.
- In absence of contrary provisions in the sales contract, place of delivery and place of payment is the seat of Feld-M.
- These terms shall be governed and construed under the laws of the Federal Republic of Germany under exclusion of the CISG. Mandatory customer protection laws applicable in the state of residence of the costumer shall remain unaffected.
- If you do not have a general place of jurisdiction in Germany or relocate your residence abroad after conclusion of the contract or your residence is unknown at the time of filing an action your place of jurisdiction for all disputes shall be the seat of Feld-M.
ImprintBlake Hamster is a brand of
FELD M GmbH
Represented by the managing director Lutz Wiechert
Telephone: +49 (0) 89/5529756-0
Facsimile: +49 (0) 89/5529756-22
Complaints may be filed at the above contact details.
Legal Form: Private Limited Liability Company, Registered Office Munich
Local Court Munich HRB 145976
Managing Director: Lutz Wiechert, Dipl. Kfm.
VAT No: DE226898258
Döhring, Stanojcic GbR
Telephone: +49 (0) 89/624219-40
Facsimile: +49 (0) 89/624219-45