GTC
General terms and conditions and customer information
General Terms and Conditions
§ 1 Basic provisions
The following terms and conditions apply to all contracts and services that are concluded with us as provider Filbec GmbH and via our website www.filbec .de. Unless explicitly agreed otherwise, any own terms and conditions of customers that are presented before and/or upon conclusion of the contract are hereby rejected.
Our terms of delivery and payment apply to entrepreneurs, legal entities under public law or consumers in the sense of any natural person. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
The contract language is exclusively German.
§ 2 Formation of the contract
The subject of the contract is the sale of goods. The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. By clicking the button ["Order now with obligation to pay" / "Buy"] you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
After receipt of the purchase offer, customers receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, acceptance of the order takes place immediately with your order.
Requests for the preparation of an offer are non-binding for you. Binding offers in text form (e.g. by e-mail, fax) can be accepted within 5 days.
The order is processed and all information required in connection with the conclusion of the contract is sent by e-mail. Most of the e-mails sent in connection with the conclusion of the contract are generated automatically by us. You, as the customer, must therefore ensure that the e-mail address you have provided to us is correct and that the receipt of e-mails is technically ensured. This also includes the receipt of our e-mails in your SPAM folder.
§ 3 Prices
The prices stated on our website include statutory VAT and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping information" / "Delivery conditions"].
§ 4 Terms of payment; default
Payment can be made either by: Invoice, prepayment, credit card, PayPal or direct debit.
We reserve the right to offer you only selected payment methods, for example to cover our credit risk in the case of advance payment.
If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation.
If payment is made by cash on delivery, an additional fee of [X] EUR will be charged by the local delivery company. There are no further costs or taxes.
When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorization). Your credit card account will be debited as soon as we ship the goods to you.
When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there, be legitimized accordingly with your access data and confirm the payment instruction to us. After placing the order in the store, we will request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
When paying by direct debit, you may have to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in your account or due to incorrect bank details provided by you.
If you are in arrears with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the prime rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Right of retention, retention of title
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
The goods remain the property of Filbec GmbH until the purchase price has been paid in full.
If the contractual partner is an entrepreneur in the sense of § 14 BGB, the following additional regulations apply:
We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the receivables. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 6 Warranty
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
As a consumer, you are requested to check deliveries immediately for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims. (We recommend taking photos of any externally visible damage for documentation purposes)
If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the liability period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to Section 438 (1) No. 3 BGB.
If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.
In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of subsequent improvement, we shall not be required to bear the increased costs incurred by the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods.
§ 7 Right of withdrawal
You have the right to withdraw from 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, took possession of the goods.
To exercise the right of withdrawal, you must inform us (Filbec GmbH, Edisonstraße 22, 68309 Mannheim, Email: info@filbec.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You 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 their condition, properties and functionality.
Sample withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back to us).
To
Filbec GmbH
Edisonstrasse 22
68309 Mannheim
info@filbec.com
Mannheim Commercial Register
HRB 733224
VAT ID No. DE324934854
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date
___________
(*) Delete as appropriate.
§ 8 Final provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be our place of business.
Customer information
§ 1 Identity of the seller
Filbec Ltd.
Edisonstrasse 22
68309 Mannheim
Germany
Phone: 0621 - 702 79 444
E-mail: info@filbec.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr
We endeavor to resolve any differences of opinion arising from our contract.
by mutual agreement. Furthermore, we are obliged to participate in a
arbitration proceedings and may refuse to allow you to participate in an arbitration
unfortunately cannot offer such procedures.
§ 2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
§ 3 Contract language, contract text storage
The contract language is German.
The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
§ 4 Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
§ 5 Prices and payment modalities
The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless delivery free of shipping costs has been promised.
If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which in this case are to be borne by you.
Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
§ 6 Terms of delivery
The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment shall be at your risk.