Terms and Conditions
Standard Terms of Business
Standard Terms of Business (STB) for using the Webshop at www.picard-lederwaren.de
V2.0 / Revised: 13.06.2014
Feedbag Accessoires GmbH (hereinafter referred to only as “FEEDBAG” or “We”) is affiliated to the e-commerce solution of gaxsys GmbH (www.gaxcode.com). This means that your (hereinafter also: the Customer’s) offer to enter into a contract of purchase is forwarded directly to FEEDBAG’s authorised dealer network. If one of the authorised dealers informs FEEDBAG that he has the goods in stock and can dispatch them to you, you will receive by e-mail an acceptance of your offer, and thus the contract of purchase between you and FEEDBAG is concluded. The authorised dealer who in FEEDBAG’s dealer network agreed to dispatch the goods to you, will then send the goods direct on behalf of FEEDBAG. FEEDBAG itself is and remains the contracting party and vendor for you. So for any queries or difficulties relating to the purchase please contact FEEDBAG. The order will then be processed through gaxsys GmbH, which operates as FEEDBAG’s partner.
If you register during the order process you can log in again at any time and check the status of your order. This also enables you to undertake returns in the event of an effective cancellation or when asserting warranty rights. You can state the reason for the return (“faulty” /“don’t like it”) and print out a return slip straight away.
You can of course also undertake a return without registering in the system as usual, for instance – in the case of cancellation – by using the Cancellation Form or cancelling online on our Website www.picard-lederwaren.de.
Based on these premises, the following terms and conditions of contract are deemed agreed:
§ 1 General
The version of the STCs applicable at the time of the order invariably applies. We hereby repudiate the Customer’s provisions; other terms and conditions do not become part of the contract even if they are not explicitly repudiated, unless FEEDBAG explicitly agreed in writing to their validity.
§ 2 When the contract materialises
By ordering the goods the Customer makes a binding offer to enter into a contract of purchase. He then immediately receives by e-mail a confirmation of receipt of order along with information on cancellations and a Cancellation Form template. This does not yet constitute an acceptance of the offer. The contract is not concluded until FEEDBAG explicitly accepts this order. The Customer’s offer is accepted or rejected by a declaration of acceptance or a declaration of rejection being e-mailed to the e-mail address indicated by the Customer, with the dispatch of the goods also being deemed acceptance of the offer. As stated in the Preamble, FEEDBAG will first forward the Customer’s purchase offer to its authorised dealer network, enquiring as to availability and deliverability. If no authorised dealer states that the goods ordered are in stock and can be delivered, FEEDBAG itself will check availability and deliverability in house. Because of these special circumstances the acceptance may take a little longer than is customary in the online trade. The Customer will receive the declaration of acceptance or a declaration of rejection by e-mail as soon as it is established that the goods ordered are available and deliverable, albeit not later than 72 hours after the order was placed.
§ 3 Payment and default
FEEDBAG supplies the Customer in return for payment of the purchase price. FEEDBAG issues the Customer with an invoice sent with the delivery of the goods or by e-mail. Late payment incurs default interest of 5 percentage points above the Deutsche Bundesbank’s base rate. FEEDBAG is entitled to prove and demand greater loss or damage caused by delay.
§ 4 Delivery, costs of returns
Unless contractually agreed otherwise, the goods ordered are delivered to the delivery address indicated by the Customer. All delivery periods are non-binding, unless FEEDBAG explicitly and bindingly agreed to a delivery period.
If, through no fault of its own, FEEDBAG is unable to deliver the goods ordered because a covering transaction was concluded with a supplier to supply the Customer and FEEDBAG’s supplier is unable to fulfil his contractual obligations vis-à-vis FEEDBAG, FEEDBAG is entitled to cancel the contract with the Customer. In this case the Customer will be informed immediately that the goods ordered are not available. If the purchase price has already been paid, it will be reimbursed promptly. This does not affect the Customer’s statutory rights.
§ 5 Information on cancellation
The consumer has a right to cancel the contract. For the purpose of these STCs a consumer is any individual entering into a legal transaction for purposes that cannot be attributed mainly to either their trading or their self-employed activity.
The details can be found in the information on cancellations communicated separately by FEEDBAG. The information on cancellations (as well as the Cancellation Form template you can, but do not have to, use to cancel your order) can be viewed, for instance, at the end of these STCs, on our Website at www.picard-lederwaren.de or also in the confirmation of order mail the Customer receives from FEEDBAG after placing his order.
§ 6 Reservation of proprietary rights
The goods delivered remain the property of FEEDBAG until the Customer has complied with all his payment obligations in full.
§ 7 Set-off and right of retention
The Customer is entitled to set-off only if his counterclaims are uncontested by FEEDBAG or are established in law. The Customer is authorised to exercise a right of retention only if his counterclaim is based on the same contractual relationship.
§ 8 Liability for defects and warranty
If the goods have any defects – e.g. manufacturing defects or damage – the Customer is entitled to the statutory warranty rights. The Customer is not permitted to assign these rights.
Platform of the EU Commission regarding online dispute resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE
The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
§ 9 Final provisions
The contract language and language for explanations relating to the performance of this contract is German. Translations of this contract produce no legally binding effect. The German version of these terms and conditions of use always takes precedence. The contract is subject solely to the law of the Federal Republic of Germany. If this law refers to foreign legal systems (renvoi), these references are invalid. Under this contract the Convention on Contracts for the International Sale of Goods (“CISG”) is excluded. All statements of intent or knowledge, advertisements, consents or the like require the written form, insofar as they produce legal effects between the contracting parties. If they are in verbal form, they must be confirmed in writing in order to be valid. Means of telecommunication such as fax or e-mail meet the requirement under this paragraph for the written form.
Payment on account
In conjunction with Klarna we offer you purchase on account as a payment option. When you pay with Klarna you never have to give your account details, and you pay only when you have received the goods. With the Klarna account method of payment it is not possible to deliver to an address different from the invoice address. We trust you understand this.
When you purchase on account with Klarna you always receive the goods first and you always have a term of payment of 14 days. You will find more information and Klarna’s complete STCs for purchase on account here. The online shop does not charge a service fee for purchase on account with Klarna.
For more information on Klarna go to www.klarna.de
Klarna AB, company and corporate number: 556737-0431