Terms & Conditions

Table of Contents

1. Scope of Application
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. Governing Law
10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") of Cengizhan Kerman, trading under "FEINHILD" (hereinafter referred to as the "Seller"), apply to all contracts for the supply of goods concluded between a consumer or a trader (hereinafter referred to as the "Customer") and the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The 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 receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry 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.

2.4 If a payment method offered by PayPal is selected, payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, 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 applicable to 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 and selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that completes the ordering process.

2.5 When an order is placed via the Seller's online order form, the text of the contract will be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller will not make the text of the contract accessible beyond this. If the Customer has created a user account in the Seller's online shop before submitting the 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 relevant login details.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser's zoom function may be used as an effective technical means of identifying input errors more easily by enlarging the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's Withdrawal Policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory value added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These may include, for example, fees charged by financial institutions for transferring funds (e.g. transfer fees or exchange-rate fees) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also arise if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

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

4.5 If a payment method offered via the "PayPal" payment service is selected, payment shall be processed via 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 under which the Seller provides goods or services before receiving payment (e.g. purchase on account or instalment payments), the Seller shall assign its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the Customer data transmitted. The Seller reserves the right to refuse 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 according to the agreed payment intervals. In this case, payment with discharging effect can only be made to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of assignment of the claim, the Seller remains responsible for general customer enquiries, for example regarding the goods, delivery time, shipment, returns, complaints, declarations and consignments of withdrawal, or credit notes.

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, payment shall be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Shopify may use additional payment services to process payments; special payment terms may apply to these services, of which the Customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

4.7 If a payment method offered via the "Klarna" payment service is selected, payment shall be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's applicable terms are available here:

https://feinhild.de/pages/zahlungsinformationen

5) Delivery and Shipping Terms

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing shall be decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the initial shipping costs if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises their right of withdrawal, the provision concerning return shipping costs set out in the Seller's Withdrawal Policy shall apply.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution appointed to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold also passes to a consumer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution appointed to carry out the shipment if the Customer commissioned that forwarding agent, carrier, person or institution to carry out the shipment and the Seller had not previously named that person or institution to the Customer.

5.4 If the Customer is a consumer domiciled in Germany or a trader, the Seller reserves the right to withdraw from the contract in the event that the Seller itself is not supplied correctly or properly. This shall apply only if the Seller is not responsible for the failure to supply and, with due care, has entered into a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any consideration already paid shall be refunded without undue delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

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

6.2 In relation to traders, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as a trader, the following shall also apply:

If the delivered goods are processed, the Seller shall be deemed the manufacturer and shall acquire title to the newly created goods. If the goods are processed together with other materials, the Seller shall acquire title in proportion to the invoice value of its goods relative to that of the other materials. If, where the Seller's goods are combined or mixed with an item belonging to the Customer, the Customer's item is to be regarded as the principal item, co-ownership of that item shall pass to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value of the principal item or, in the absence of such invoice value, to its market value. In such cases, the Customer shall be deemed the custodian.

The Customer may neither pledge items subject to retention of title or rights nor transfer them by way of security. The Customer is entitled to resell the goods subject to retention of title only in the ordinary course of business. The Customer hereby assigns in advance to the Seller all claims against third parties arising from such resale up to the amount of the respective invoice value (including value added tax). This assignment applies irrespective of whether the goods subject to retention of title have been resold before or after processing. The Customer remains authorised to collect the claims even after assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller shall not collect the claims as long as the Customer fulfils its payment obligations towards the Seller, is not in default of payment and no application to open insolvency proceedings has been filed.

The Customer must immediately notify the Seller of any third-party access to goods owned or co-owned by the Seller or to assigned claims. To the extent that the Seller's claim is due, the Customer must immediately remit to the Seller any amounts collected by the Customer in respect of claims assigned to the Seller.

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 proportion of the security interests.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the provisions below, the statutory provisions governing liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:

7.1 If the Customer acts as a trader,

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for claims based on defects is one year from delivery of the goods;
• claims based on defects are excluded for used goods;
• the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortened limitation periods set out above do not apply

• to the Customer's claims for damages and reimbursement of expenses,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective,
• to any existing obligation of the Seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect the goods and notify defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to report goods delivered with obvious transport damage to the delivery agent and to inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer's statutory or contractual claims based on defects.

8) Liability

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

8.1 The Seller shall be liable without limitation on any legal grounds

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body or health,
• on the basis of a guarantee, unless otherwise stipulated in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Customer is a consumer domiciled in Germany or a trader, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, the Seller's liability shall be limited to the foreseeable damage typical of the contract, unless the Seller is liable without limitation in accordance with the preceding paragraph. Material contractual obligations are obligations imposed on the Seller by the content of the contract for the purpose of achieving the contractual objective, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely. In all other respects, liability on the part of the Seller is excluded unless the Seller is liable without limitation in accordance with the preceding paragraph.

8.3 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) Alternative Dispute Resolution

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