Terms and Conditions
Standard Terms of Business (STB) for using the Webshop at www.picard-lederwaren.de
V1.1 / Revised: 01.12.2011
Feedbag Accessoires GmbH (hereinafter referred to only as FEEDBAG or “we”) operates an online shop integrating the specialist dealers at www.picard-lederwaren.de. This means that your offer to conclude a contract of purchase can be forwarded directly to our authorised dealer network. Then once one of the authorised dealers tells us that he has the goods in stock and can send them to you, you receive an e-mail with an explicit declaration of acceptance of your offer. Only then does the contract of purchase between you and FEEDBAG materialize. The authorised dealer that promised in the FEEDBAG dealer network to dispatch the goods to you will then send the goods directly to you in the name of FEEDBAG. The contractual partner and vendor for you is and remains FEEDBAG itself. So please address all queries and difficulties in connection with the purchase to FEEDBAG alone.
On this premise the following terms and conditions of contract are deemed agreed:
§ 1 General
(1) By placing an order the customer declares that he agrees to the following Standard Terms of Business.
(2) The version of the STB valid at the time of the order invariably applies.
(3) We do not accept the customer’s provisions at variance with the STB; other terms and conditions do not become part of the contract even if they were not expressly gainsaid, unless we consented to their validity explicitly in writing.
§ 2 When the contract materialises
(1) By ordering the goods the customer makes a binding offer to conclude a contract of purchase. He then immediately receives an e-mail acknowledging receipt of the purchase order along with information on cancellation of the order. This does not represent acceptance of the offer yet. Only when we explicitly accept this order does the contract materialise. The customer’s offer is accepted or rejected by a declaration of acceptance or rejection being transmitted to the customer by e-mail to the e-mail address indicated by the customer. The offer can also be accepted purely by notifying dispatch of the goods ordered or by dispatching the goods ordered.
(2) We shall first forward the customer’s offer to buy in accordance with that which is stated in the preamble to our authorised dealer network enquiring whether the goods are in stock and can be delivered. If no authorised dealer declares that the goods ordered are in stock and can be delivered, we shall check availability and deliverability in-house. Because of these special circumstances it may take us a little longer to make a declaration of acceptance than is customary in the online trade. The customer will receive the declaration of acceptance or rejection by e-mail as soon as it is established that the goods ordered are in stock and can be delivered, albeit at the latest 72 hours after the order was placed.
§ 3 Payment and default
(1) The goods are supplied to the customer in return for payment of the purchase price.
(2) We raise an invoice for the customer that is sent to him when the goods are delivered or by e-mail.
(3) If the customer defaults on payment we charge interest of 5 percentage points on top of the German Bundesbank’s base rate. We are entitled to prove and demand loss or damage in excess of that.
§ 4 Delivery, costs of returns
(1) Unless contractually agreed otherwise, the goods ordered are delivered to the delivery address indicated by the customer.
(2) All delivery dates are without obligation, unless we explicitly and bindingly promised a delivery date.
(3) If we should not be able to deliver the goods ordered through no fault of our own because a hedging transaction was concluded with a supplier covering the supply to the customer and the supplier fails to comply with his contractual obligations to us, we are entitled to cancel the contract with the customer. In this case the customer will be informed without delay that the goods ordered are not available. If the purchase price has already been paid it will be refunded without delay.
(4) The customer’s statutory rights are otherwise not affected.
(5) You are required to pay the costs of a return if the goods delivered are those ordered and if the price of the goods being returned does not exceed 40 euros, or if the price of the goods is higher and you have not yet paid the consideration or made a contractually agreed part payment by the time the contract is cancelled (as for the rest cf. § 5 Information on cancellation).
§ 5 Information on cancellation
Right of cancellation
You can cancel your contractual acceptance within 14 days without stating reasons in a written form (e.g. letter, fax, e-mail) or – if the goods are delivered to you before the end of the time limit – also by returning the goods. The time limit commences once you have received this information on cancellation in a written form, albeit not before the goods are received by the recipient (where similar goods are delivered on a recurring basis, not before receipt of the first part delivery) and also not before fulfilment of our duties to inform in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 of the EGBGB and of our duties pursuant to § 312g paragraph 1 sentence 1 of the BGB in conjunction with Article 246 § 3 of the EGBGB. To comply with the cancellation time limit it suffices to send the cancellation or the goods in time.
Cancellation to be addressed to:
Firma Feedbag Accessoires GmbH
or by fax to 06104 / 704104
or by e-mail to email@example.com
Consequences of cancellation
In the event of an effective cancellation the payments and services received by both parties are to be given back and any profits or benefits derived (e.g. interest) returned. If you cannot give back to us the service received or return the benefits (e.g. benefits of use) or only in part or only in a deteriorated state, you must compensate us in this respect. You do not have to compensate for a deterioration of the goods due to proper use. You must only compensate for benefits derived if you have used the goods in a way that exceeds checking the properties and the functioning. What is meant by “checking the properties and the functioning” is testing and trying out the goods, as is possible and customary in the store. Goods that can be dispatched by parcel are to be sent back at our risk. You are required to pay the standard costs of a return if the goods delivered are those ordered and if the price of the goods being returned does not exceed 40 euros or if the price of the goods is higher and you have not yet paid the consideration or made a contractually agreed part payment by the time the contract is cancelled. Otherwise you incur no costs when sending the goods back. Goods that cannot be dispatched by parcel will be collected from you. Obligations to refund payments must be fulfilled within 30 days. For you the time limit commences when you send your declaration of cancellation or the goods; for us when we receive it or them.
End of the Information on cancellation
§ 6 Reservation of proprietary rights
The goods delivered remain our property until all the customer’s financial obligations have been complied with in full.
§ 7 Set-off and right of retention
The customer is entitled to set-off only if his counterclaims are uncontested by us or established in law. The customer is authorised to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.
§ 8 Liability for defects and warranty
(1) Should the goods have any defects, e.g. manufacturing defects or damage, the customer is entitled to the statutory warranty rights.
(2) These rights of the customer cannot be assigned.
§ 9 Final provisions
(1) The contractual language and the language for explanations in the fulfilment of this contract is German.
(2) Translations of these STB have no legally binding effect. The decisive document is always the German language version of these STB.
(3) The contract is subject solely to the law of the Federal Republic of Germany. If German law remits to foreign legal systems (renvoi and referrals to the law of a third country), these remittals are ineffective.
(4) The UN Convention on Contracts for the International Sale of Goods (“CISG”) is precluded.