General terms and conditions with customer information
Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable Law
9. Place of jurisdiction
10. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of femtis GmbH. (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also make the offer to the seller by telephone.
2.3 The seller can 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), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select the payment method “PayPal Express”, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking on the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.7 The German and English languages are available for concluding the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer 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
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be 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 include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(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 after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account with a PIN/TAN procedure that has been activated for participation in “SOFORT”, identify themselves accordingly during the payment process and provide the payment instructions to “SOFORT”. confirm. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.
4.7 If you select the payment method “PayPal invoice”, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the “PayPal invoice” payment method in the event of a negative check result. If the payment method “PayPal invoice” is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies another payment deadline. In this case, he can only make payments to PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes. In addition, the General Terms of Use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.8 If you select the payment method “PayPal direct debit”, PayPal will collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not authorized to do so, the customer must bear the fees resulting from the chargeback from the respective credit institution if he is responsible for this .
4.9 Purchase on invoice, installment purchase and prepayment
Credit check and scoring:
femtis GmbH reserves the right to obtain creditworthiness information about the customer in order to protect its own interests in the context of purchase processing and may forward customer data to third parties for this purpose.
For this purpose, the personal data required for a credit check (first and last name and address data) are transmitted to an external credit agency. CRIF AG, Hagenholzstrasse 81, 8050 Zurich, Switzerland, carries out a corresponding assessment of creditworthiness and credit standing based on mathematical-statistical procedures. The resulting information on the statistical probability of a payment default is included in the decision on the establishment, execution or termination of the contractual relationship.
The credit check is carried out in compliance with the relevant data protection regulations and with special consideration for your legitimate interests. Please note that only CRIF AG can provide information about the data used to calculate your creditworthiness profile.
Purchase on invoice / reminder fees:
The invoice is payable within 30 days. The invoice is deemed to have been paid on time if the amount owed is in the recipient's account by the end of the last day of the payment period.
If the payment deadline is not met and no fixed expiry date has been agreed, the customer will be sent a reminder for late payment.In the event of late payment, the defaulting customer will be charged a reminder fee (first reminder CHF 20.00, second reminder CHF 25.00).
If the claim is not settled even after the reminders have been sent, femtis GmbH reserves the right to assign the claim to a third party or to commission collection at the Customer's expense.
Payment by installments:
When paying in installments, you can choose between two or three installments. A fixed fee of CHF 24.00 incl. VAT, in addition to the shopping cart value, will be charged for the installment payment method. We assign the claim for processing the installment agreement.
The installments are to be paid as follows:
The first installment is due within 10 days of the invoice date
installment is due within 40 days of the invoice date
Installment is due within 70 days of the invoice date
In the event of default on an installment payment, the total amount is due for payment immediately.
Example with three installments, for a shopping cart value of 1'500.00:
Installment 501.65.- (500.00.- goods maintenance + 1.65.- fee share) is due within 10 days of the invoice date
Installment 501.65.- (500.00.- goods keeper + 1.65.- fee share) is due within 40 days of the invoice date
Installment 501.70.- (500.00.- goods keeper + 1.65.- fee share) is due within 70 days of the invoice date
Prosecution/collection costs in the event of late payment:
The amount of the prosecution/collection costs is calculated on the basis of the outstanding claim:
| Claim amount in CHF |
Prosecution/collection costs in CHF |
| 0-150 |
max. 80.00, plus 5% interest on overdue payments |
|
151 – 600 |
max. 175.00, plus 5% interest on overdue payments |
|
601 - 1000 |
max. 230.00, plus 5% interest on overdue payments |
|
1000.01 – 10‘000 |
max. 860.00, plus 5% interest on overdue payments |
|
ab 10‘000.01 |
9% of the outstanding receivable, plus 5% interest on overdue payments |
5) Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is 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 is 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 activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.