Terms and Conditions

Table of Contents

1. Scope
2. Conclusion of the contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of title
7. Liability for Defects (Warranty)
8. Liability
9. Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
10. Special Terms and Conditions for Assembly and Installation Services
11. Applicable Law
12. Place of jurisdiction
13. Alternative Dispute Resolution

1) Scope

1.1These General Terms and Conditions (hereinafter “GTC”) of Feucht GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

1.3For the purposes of these Terms and Conditions, a “business operator” means a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activities.

2) Conclusion of the Contract

2.1The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer may also submit the offer to the seller via email or by telephone.

2.3The seller may accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date the customer receives the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5When an order is placed using the Seller’s online order form, the Seller will save the contract text after the contract is concluded and send it to the Customer in writing (e.g., via email, fax, or letter) after the Customer submits the order. The Seller will not make the contract text available in any other way. If the Customer has created a user account in the Seller’s online store prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login credentials.

2.6Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7The contract may be concluded in German.

2.8Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1Consumers generally have the right to cancel.

3.2Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and Payment Terms

4.1Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.

4.2The available payment options are listed for the customer in the seller’s online store.

4.3If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4If a payment method offered via the “PayPal” payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which the Seller makes an advance payment to the Customer (e.g., purchase on account or installment payments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, notices of withdrawal and related correspondence, or credit notes.

4.5If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments are communicated to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.6If the “Purchase on Invoice” payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within the period specified on the invoice, unless otherwise agreed. The seller reserves the right to offer the “purchase on account” payment method only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will notify the customer of such a payment restriction in the payment information provided in the online store.

5) Delivery and Shipping Terms

5.1If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the Seller’s order processing system shall be decisive.

5.2For goods delivered by a freight carrier, delivery is made “curb-side,” meaning to the public curb nearest the delivery address, unless otherwise specified in the shipping information on the Seller’s online store or unless otherwise agreed.

5.3If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to the costs of returning the goods.

5.4If the customer is acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.

5.5The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific covering transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.6If the seller offers the goods for pickup, the customer may pick up the ordered goods during the business hours specified by the seller at the address provided by the seller. In this case, no shipping costs will be charged.

6) Retention of Title

6.1With respect to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2With respect to business customers, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been paid in full.

6.3If the customer is acting as a business, the following provisions shall continue to apply:

If the delivered goods are processed, the seller shall be deemed the manufacturer and shall acquire ownership of the newly created goods. If the processing is carried out together with other materials, the seller shall acquire ownership in proportion to the invoice value of its goods relative to that of the other materials. If, in the event of the seller’s goods being combined or mixed with an item belonging to the customer, the latter is to be regarded as the principal item, co-ownership of the item shall pass to the seller in the ratio of the invoice value of the seller’s goods to the invoice value—or, in the absence thereof, to the market value—of the principal item. In such cases, the customer shall be deemed the custodian.

The customer may neither pledge nor transfer ownership of goods subject to retention of title or legal reservation as security. The customer is authorized to resell the goods subject to retention of title only in the ordinary course of business. The customer hereby assigns to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The Seller’s authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations to the Seller, is not in default of payment, and no petition for the opening of insolvency proceedings has been filed.

The customer must immediately notify the seller of any access to goods owned or co-owned by the seller or to the assigned claims. The customer must immediately remit to the seller any amounts collected by the customer that have been assigned to the seller, provided that the seller’s claim is due.

If the value of the Seller’s security interests exceeds the amount of the secured claims by more than 10%, the Seller shall, at the Customer’s request, release a corresponding portion of the security interests.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions regarding liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery;
• For used goods, claims for defects are excluded;
• the statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

7.2The limitations of liability and shortened time limits set forth above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that have been used in a building in accordance with their normal intended use and have caused defects in the building,
• regarding any obligation the seller may have to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.

7.5If the customer is acting as a consumer, they are requested to file a complaint with the delivery service regarding any goods delivered with obvious transport damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1The seller shall be fully liable on any legal grounds

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable damages typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.

8.3In all other respects, the seller’s liability is excluded.

8.4The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.

9) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications

9.1If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to the Customer’s specific instructions, the Customer must provide the Seller with all content required for such processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personality rights.

9.2The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and for a defense.

9.3The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates any legal or regulatory prohibitions or is contrary to public decency. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Special Terms and Conditions for Assembly and Installation Services

If, under the terms of the contract, the seller is obligated not only to deliver the goods but also to assemble or install them at the customer’s premises, as well as to carry out any necessary preparatory work (e.g., measurements), the following applies:

10.1The Seller shall perform its services, at its discretion, either personally or through qualified personnel selected by the Seller. In doing so, the Seller may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Seller’s service description, the Customer has no right to select a specific person to perform the requested service.

10.2The Customer must provide the Seller with all information necessary for the performance of the agreed services in a complete and truthful manner, unless the Seller is responsible for obtaining such information under the terms of the contract.

10.3After the contract is concluded, the Seller will contact the Customer to schedule an appointment for the performance of the services owed. The Customer shall ensure that the Seller or its designated personnel have access to the Customer’s relevant facilities at the agreed time.

10.4The risk of accidental loss or accidental deterioration of the goods sold shall not pass to the customer until the installation work has been completed and the goods have been handed over to the customer.

11) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive venue for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

13) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.