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  1. Scope

The following terms and conditions apply to all orders through our online store by consumers and entrepreneurs.

Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts when concluding a legal transaction in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

  1. Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with FERAGEN GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

When the contract with us is concluded, depends on your chosen method of payment:

Invoice, SEPA direct debit
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivery of the goods within two days.

Prepayment
We accept your order by sending an acceptance notice in a separate email within two days, in which we give you our bank details.

Apple Pay
In the ordering process, you will be redirected to the website of the online provider Apple. There you can specify your payment details and confirm the payment instruction to Apple. After submitting the order in the store, we request Apple to initiate the payment transaction and thereby accept your offer.

Credit card
When submitting the order, you provide your credit card information and the credit card company details with an authorization check. After your legitimation as a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged when you place the order. At the time of the credit card charge, the contract with us is concluded.

PayPal, PayPal Express
In the ordering process, you will be redirected to the website of the online provider PayPal. There you can specify your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.

PayPal Plus
In the context of the payment service PayPal Plus, we offer you various payment methods as PayPal services. After submitting the order, you will be redirected to the website of the online provider PayPal. There you can specify your payment details and confirm the payment instruction to PayPal. This creates the contract with us.

Sofort by Klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This creates the contract with us.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon even before the completion of the ordering process in our online store. There you can choose the delivery address and payment method stored at Amazon and confirm the payment instruction to Amazon. You will then be redirected to our online store where you can complete the order process. After submitting the order, we ask Amazon to initiate the payment transaction and thereby accept your offer.

Cash on collection
We accept your order by sending a declaration of acceptance in a separate email within two days.

  1. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

  1. Terms of delivery

In addition to the stated product prices there may still be shipping costs. Applicable provisions on any applicable shipping costs can be found in the offers.

You have in principle the possibility of collection from FERAGEN GmbH, Strubergasse 26, 5020 Salzburg, Austria at the following business hours: 08:00 – 17:00

We do not deliver to packing stations.

  1. Payment

In our store, you are basically the following payment methods available:

Prepayment
When selecting the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

SEPA direct debit
With the submission of the order you give us a SEPA direct debit mandate. Regarding the date of the account debit we will inform you (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after you have received the goods. The period for the advance bank termination regarding the date of the account debit (so-called prenotification period) is 14 days.

PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

PayPal Plus
In the context of the payment service PayPal Plus, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the payment method PayPal, you must, in order to pay the invoice amount, be registered there or register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

Credit card regarding PayPal
If you have chosen the payment method credit card, you must, in order to pay the invoice amount to be able to be registered with PayPal. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as a legitimate cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process.

Direct debit via PayPal
If you have chosen the direct debit payment method, you must not be registered with PayPal to be able to pay the invoice amount. By confirming the payment instruction, you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

Invoice via PayPal
If you have chosen the payment method invoice, you must, to be able to pay the invoice amount, not be registered with PayPal. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For the payment processing via PayPal apply – in addition to our terms – the terms and conditions and privacy policy of PayPal. For more information and the full terms and conditions of PayPal to purchase on account can be found here.

Sofort by klarna
After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately thereafter by Sofort and your account debited.

Apple Pay
In order to be able to pay the invoice amount via Apple Pay, you must use the browser “Safari“, be registered with the service provider Apple, have activated the function Apple Pay, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online store, where you can complete the ordering process. Immediately after the order is placed, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.

Invoice
You pay the invoice amount after receipt of the goods and the invoice by transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

Cash payment upon collection
You pay the invoice amount at the time of collection in cash.

  1. Right of withdrawal

You are entitled to the statutory right of withdrawal, as described in the cancellation policy.

  1. Retention of title

The goods remain our property until full payment.
Regarding entrepreneurs applies supplementary:
We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you fail to meet your payment obligations.

  1. Transportation Damage

For consumers, the following applies: If goods are delivered with obvious transport damage, please complain about such errors as soon as possible to the deliverer and please contact us immediately. Sending a complaint or contacting us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the freight carrier or the transport insurance.

For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and notify as set forth in 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

  1. Warranty and guarantees

Unless otherwise expressly agreed below, the statutory defect liability law applies.
For the purchase of used goods by consumers, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the defect claims are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) shall remain unaffected.
Only our own information and the product descriptions of the manufacturer, which were included in the contract, shall apply as an agreement with entrepreneurs regarding the quality of the goods; we shall not accept any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall first provide warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement).
The above restrictions and time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents; In the event of injury to life, limb or health
• in the event of intentional or grossly negligent breach of duty and fraud
• in the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a warranty promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and complaints Mon- Fri from 8:00 to 17:00 by phone 49 8654 / 68 24 430 or 43 662 / 43 93 83 and by e-mail at support(at)feragen.at

  1. Liability

Regarding claims due to damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation
• in case of injury to life, limb or health
• • in the event of intentional or grossly negligent breach of duty
• in the event of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely; (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

  1. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

  1. Final provisions

If you are an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

 

AGB created with the Trusted Shops legal text editor in cooperation with FÖHLISCH Rechtsanwälte.