Terms of service

 

 

 

Terms and Conditions

Table of contents

§ 1 Scope of application
§ 2 Formation of the contract
§ 3 Delivery and availability of goods
§ 4 Prices
§ 5 Retention of title
§ 6 Terms of payment
§ 7 Warranty for defects, guarantee
§ 8 Liability
§ 9 Right of withdrawal for consumers
§ 10 Alternative dispute resolution
§ 11 Final provisions
§ 12 Scope of application

(1) The following terms and conditions apply to contracts that you conclude with us, the

FEMALIGN UG (haftungsbeschränkt), Sudbrackstr. 12, 33611 Bielefeld, Germany, as a provider via our website https://femalign.de. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of the contract

(1) The ordering process for the conclusion of the contract comprises the following steps in our store system: Selecting the product in the desired specification, placing the product in the shopping cart, clicking the 'Checkout' button, entering the billing and delivery address, selecting the payment method, checking and processing the order and all entries, clicking the 'Buy now' button. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and has thereby included them in his application.

(2) The customer can correct input errors during the ordering process at any time using the usual keyboard and mouse functions. Before finally submitting an offer, he can check his details again and correct them on the previous page after pressing the “Back” button on his browser.

(3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the order.

(4) The contract is only concluded when the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). This e-mail contains the order data, the information required by law for distance selling contracts and the General Terms and Conditions. The complete text of the contract is not saved by the provider.

(5) The contract is concluded in German.

(6) The following delivery restrictions apply: The provider only delivers to customers who can provide a delivery address in Germany.

§ 3 Delivery and availability of goods

(1) Delivery times stated by the supplier are calculated from the time of order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in the online store of the provider, it is usually 2-5 working days.

(2) If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the provider as a result. This does not apply with regard to the costs of the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the provider's withdrawal policy shall apply to the return costs.

(3) The supplier reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the supplier is not responsible for the non-delivery and the supplier has concluded a specific covering transaction with the supplier with due care. The supplier shall make every reasonable effort 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 without delay.

§ 4 Prices and shipping

(1) All prices stated on the provider's website include the applicable statutory value added tax.

(2) The shipping costs for deliveries within Germany for orders below an order value of EUR 50.00 are a flat rate of EUR 4.85, from an order value of EUR 50.00 delivery is free of charge. The customer can find more details under the website button “Shipping”.

§ 5 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§ 6 Payment modalities

(1) The customer can make payment via Paypal, Google Pay, Shop Pay, Visa, Mastercard, Maestro and instant payment.

(2) Payment of the purchase price is due immediately upon submission of the order by the customer.

§ 7 Warranty for defects, guarantee

(1) The supplier shall be liable for defects in accordance with the applicable statutory provisions.

(2) The warranty period for items delivered by the Provider to entrepreneurs is 12 months. The above limitation does not apply to claims for damages by the customer arising from injury to life, limb or health, other damage caused by gross negligence, if the supplier has fraudulently concealed the defect and/or has assumed a guarantee for the quality of the item.

(3) An additional guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Right of withdrawal for consumers

(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction. The right of revocation does not apply to sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery and for goods that can spoil quickly or whose expiration date would be quickly exceeded.

(2) For details, please refer to the website button “Right of withdrawal” on the provider's website. There you will also find the sample withdrawal form.

§ 10 Alternative dispute resolution

(1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. 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.

(2) The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 11 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) Amendments or additions to these terms and conditions must be made in writing. This does not apply to individual contractual agreements within the meaning of § 305 b BGB with an authorized representative of the provider. Otherwise, the formal requirement cannot be waived by verbal agreement, implied behavior or tacitly.

(4) Should individual provisions of this agreement be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of provisions that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.