The general terms and conditions – hereinafter "T&Cs" – of Felder KG, KR- Felder Strasse 1, 6060 Hall in Tyrol, Austria, telephone: +43522358500, fax no.: +43522356130, e-mail: [email protected], registered with the commercial register of the regional court in Innsbruck under the company registration number 213629k, VAT identification number: ATU52453606, represented by Johann Georg Felder and Martin Felder – hereafter known as "Providers" – apply to contracts between the providers and the customers designated in Section 1 of these T&Cs – hereinafter referred to as "Customers" – which were concluded via the platform www.felder-group.com/en-gb/shop.
1 Scope, definitions
(1) The range of goods is aimed exclusively at persons with unlimited legal capacity and legal entities within the European Union. Persons with limited legal capacity are only authorised to use the range offered with the cooperation and consent of their legal representative.
(2) Orders are only possible with a delivery address in the UK.
(3) Images in the online shop are for product presentation purposes only and do not constitute a legally binding offer.
(4) For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively as amended at the time of the order. Deviating conditions of the customer are not recognised unless the provider expressly agrees to their validity in writing.
(5) The customer is a consumer insofar as the purpose of the goods and services ordered does not correspond predominantly to their commercial or independent professional activity. In contrast, a business is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in their commercial or independent professional activity.
2 Conclusion of contract
(2) 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 only documents that the customer's order has been received by the provider and does not constitute acceptance of the sales contract. The contract is only concluded when the provider submits the declaration of acceptance or when the goods are dispatched. In the event that several of the aforementioned alternatives occur, the contract is concluded when the first of the aforementioned alternatives occurs. The supplier can accept an order from the customer within a period of 4 working days from receipt of the order.
When the order is accepted, but no later than upon delivery of the goods, the customer will be sent the contract text (consisting of the order and the T&Cs), the right of withdrawal for consumers and the data protection information on a permanent data carrier (e-mail or paper printout) – (Confirmation of contract). This contract text is stored in compliance with data protection protocols.
(3) German is the only language available for concluding this contract. Translations into other languages are for your information only. If there are discrepancies between the German text and a translation, the German text shall take precedence.
3 Delivery, product availability
(1) Delivery times specified by the provider are calculated from the time the contract is accepted, provided that the purchase price has been paid in advance (except for purchases on account). Unless a different delivery time is specified for the respective goods in the supplier's online shop, it will be 3 - 5 working days. Please always take note of any relevant information on the availability of the items in the order process. Despite careful inventory planning, an item can sometimes sell out faster than expected. The provider therefore does not provide any guarantee of delivery. The following applies: only while stocks last.
(2) If there is no further stock of the product selected by the customer available at the time of the customer's order, the provider shall notify the customer of this, at the latest when the provider accepts the order. If the product is permanently unavailable, the provider will not accept the order. A contract is not concluded in this case.
(3) If, after concluding the contract, the provider determines that they are permanently unable to deliver the ordered goods, without having to substitute them (e.g. due to force majeure, pandemics, non-delivery despite timely re-ordering), the provider is entitled to withdraw from the contract. In this case, the provider shall notify the customer immediately and shall reimburse any payments already made
(4) The provider is entitled to make partial deliveries if the shipping costs incurred in sending the partial deliveries are taken on by the provider.
4. Registration in our online shop, processing of your personal data
The customer can order goods in the provider's online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal data every time; you can simply log into your customer account before or when placing an order using your e-mail address and the password you chose upon registration. Registration alone does not constitute a purchase obligation with regard to the goods offered by us. For information on the processing of your data, please read our data protection information, which you can access via the following link “Data privacy statement”. When you register, you choose a personal username and password.
5 Retention of ownership
The delivered goods remain the property of the provider until full payment has been made.
If the customer is a business, the following also applies:
The customer/business is entitled to resell the goods subject to retention of title in the ordinary course of trade. However, the customer may not use the reserved goods as a security for any sort of loans or transactions. In this case, the customer shall relinquish all claims from such a resale to the amount of the invoice value of the provider's claim, regardless of whether this takes place before or after any processing of the goods delivered, under retention of title to the provider. The provider accepts this transfer. Regardless of the provider's authority to collect the claim independently, the customer is also authorised to collect the claim after the transfer. In this context, the provider agrees not to collect the claim for themselves as long as the customer fulfils their payment obligations, no application has been made to open insolvency or similar proceedings against the customer's assets and there is no suspension of payments. At the request of the customer, the provider is obliged to release the securities as chosen by the provider if the above-mentioned securities exceed the claims to be secured by more than 10%.
6 Prices and shipping
(1) Gross prices apply to the consumer.
(2) The corresponding shipping costs are stated to the customer on the order page and are to be paid by the customer.
(3) Depending on the nature of the goods, they shall be dispatched by post or by a forwarding agency.
The provider shall bear the shipping risk if the customer is a consumer. If, in this case, goods are delivered with obvious transport damage, please report such faults to the deliverer immediately and contact the provider as soon as possible. Failure to make a complaint or contact us does not affect your statutory warranty rights. However, it will help us to assert our own claims against the carrier or the transport insurance.
7 Payment methods, right of retention and compensation
(1) The accepted means and methods of payment can be found on the provider's order page.
(2) The customer can change the payment method saved in their user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer shall fall into arrears upon failure to meet this deadline. In this case, as a consumer, the customer must pay the provider interest on arrears at a rate of 5 percentage points above the base rate. If the customer is a business, the interest on arrears is 8 percentage points above the base rate.
(4) The customer is only entitled to compensation for claims if counterclaims that the customer would like to offset relate to counterclaims from the same contract; if they have been legally established, recognised by the provider or are undisputed.
(5) The customer can only assert rights of retention if the counterclaim is based on the same contract.
(6) Payment claims can be assigned by the provider to third parties, in particular for refinancing purposes and for the purposes of simplified claims processing. The provider points out that in the event of a transfer, in accordance with the statutory provisions, the information required for a transfer as well as the information required to assert the assigned claims will be transmitted to the third party.
8 Warranty for material defects, guarantee
(1) The warranty period for new goods is two years from delivery if the customer is a consumer, otherwise twelve months from delivery. Unless otherwise stated, the statutory warranty claims apply.
(2) If the customer is a business, the following also applies:
If the delivered goods are defective, the customer is entitled to request supplementary services in the form of removal of the defect or delivery of a defect-free item. The provider has the right to choose the type of supplementary service. If the subsequent service fails, the customer is entitled to a reduced purchase price or, if the legal requirements are met, to withdraw from the contract. The prerequisite for any warranty rights is that the customer properly fulfils all inspection and disclosure obligations required in accordance with Section 377 of the German Commercial Code.
(3) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.
The provider is liable for intent and gross negligence. Furthermore, the provider is liable for the negligent breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place, the breach of which compromises the achievement of the purpose of the contract and compliance with which you as a customer can regularly rely upon. In the latter case, however, the provider is only liable for foreseeable damage under standard contract provisions.
The same applies to breaches of duty by agents of the provider.
The above exclusions of liability do not apply in the event of injury to life, limb or health.
Liability under the German Product Liability Act remains unaffected.
10 Information on the cancellation policy, which applies only to consumers
(1) Personal data (e.g. title, name, address, e-mail address) are collected, processed and stored by the provider exclusively in accordance with the applicable laws, in particular the General Data Protection Regulation (GDPR).
(2) The provider offers additional information on data protection as well as on the type, scope and purpose of the collection and use of personal data carried out by us in the context of the data protection declaration, which can be accessed via the link “Data privacy statement”. This can be visited and printed out at any time.
12 Concluding provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, to the exclusion of the Vienna Convention.
(2) If the customer is a consumer resident in the European Union, the law of the country in which they are resident may also apply if there are mandatory consumer protection provisions. 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 Munich.
(3) Should any provision of these T&Cs be or become legally ineffective, this shall not affect the validity of the remaining provisions. The statutory provisions shall take the place of the ineffective provisions. The same applies if there is an unforeseen loophole in the T&Cs.