General Terms and Conditions with Customer Information

Table of content

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Contract term and termination for subscription contracts
7. Retention of title
8. Liability for defects (warranty)
9. Liability
10. Redemption of promotional vouchers
11. Redemption of gift vouchers
12. Applicable law
13. Place of jurisdiction
14. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of FHT GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding 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 For contracts for the delivery of vouchers, these GTC apply accordingly, unless something to the contrary is regulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are neither attributable to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in exercise of their commercial or independent professional activity.

1.5 The subject of the contract may—depending on the product description of the Seller—be the purchase of goods by way of a one-time delivery as well as the purchase of goods by way of an ongoing delivery (hereinafter “subscription contract”). In a subscription contract, the Seller undertakes to deliver to the Customer the goods owed under the contract for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of 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 submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after the Customer has placed the selected goods in the virtual shopping cart and gone 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 the button that concludes the order process. Furthermore, the Customer can also submit the offer to the Seller by e-mail or 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 e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
• by requesting the Customer to make payment after submission of the Customer’s order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the 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 When selecting a payment method offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the applicability of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or—if the Customer does not have a PayPal account—under the applicability of the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby already declares acceptance of the Customer’s offer at the time when the Customer clicks the button which concludes the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored 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 Customer has sent their order. Any further provision of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller’s online shop before sending their 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 corresponding login data.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order 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 and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails 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 are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal arises from the Seller’s instructions on withdrawal.

4) Prices and payment terms

4.1 Unless otherwise results from the Seller’s product description, the prices stated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise with regard to the transfer of money 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 is agreed, payment is due immediately after 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 processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Insofar as the Seller also offers payment methods via PayPal in which the Seller provides goods or services in advance to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider specifically named to the Customer and commissioned by PayPal. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can effect payment with debt-discharging effect only 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 inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and submissions of withdrawal, or credit notes.

4.6 If a payment method offered via the payment service “Mollie” is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The individual payment methods offered via Mollie are communicated to the Customer in the Seller’s online shop. For processing payments, Mollie may use additional payment services for which special payment conditions may apply, to which the Customer may be separately referred if applicable. Further information about “Mollie” is available on the internet at https://www.mollie.com/de/

4.7 When selecting the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiry of the deadline for the pre-notification of payment. The direct debit is collected when the ordered goods leave the Seller’s warehouse, but not before the expiry of the pre-notification period. Pre-notification (“pre-notification”) is any communication (e.g. invoice, policy, contract) from the Seller to the Customer which announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or due to the provision of an incorrect bank account, or if the Customer objects to the debit although they are not entitled to do so, the Customer shall bear the fees incurred by the respective bank due to the chargeback if they are responsible for this.

5) Delivery and shipping conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller 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 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 with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. With regard to the costs of return shipment, the regulation made in the Seller’s instructions on withdrawal shall apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the Customer until the goods are handed over to the Customer or to a person authorised to receive them. By way of deviation, in the case of consumers the risk of accidental loss and accidental deterioration of the sold goods shall already pass to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with the requisite care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are made available to the Customer as follows:

- by e-mail

6) Contract term and termination for subscription contracts

6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time without observing a notice period.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

6.3 Terminations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the termination facility (termination button) provided by the Seller on its website.

7) Retention of title

If the Seller provides in advance, it retains title to the delivered goods until the purchase price owed has been paid in full..

8) Liability for defects (warranty)

Unless otherwise results from the following provisions, the statutory provisions on liability for defects apply. Deviating therefrom, the following applies to contracts for the delivery of goods:

8.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for defect rights is one year from delivery of the goods;
• for used goods, the defect rights are excluded;
• the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

8.2 The liability limitations and shortening of time limits regulated above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller fraudulently concealed the defect,
• to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

8.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

8.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer does not comply with this, this has no effect on their statutory or contractual claims for defects.

9) Liability

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

9.1 The Seller is liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content for the achievement of the contractual purpose, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance with which the Customer may regularly rely.

9.3 Otherwise, liability of the Seller is excluded.

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

10) Redemption of promotional vouchers

10.1 Vouchers which are issued free of charge by the Seller as part of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.

10.8 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The Seller can render performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorisation, the lack of legal capacity or the lack of power of representation of the respective holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise results from the voucher.

11.2 Gift vouchers and remaining credit from gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining credit will be credited to the Customer until the expiry date.

11.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

11.7 The credit of a gift voucher will neither be paid out in cash nor bear interest.

11.8 The gift voucher is transferable. The Seller can render performance with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the lack of authorisation, the lack of legal capacity or the lack of power of representation of the respective holder.

12) Applicable law

For all legal relationships of the parties, the law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office within the sovereign territory of 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 has their registered office outside the sovereign 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 professional or commercial activity of the Customer. In the foregoing cases, however, the Seller is in any case entitled to bring an action before the court at the Customer’s registered office.

14) Alternative dispute resolution

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