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General Business Terms and Conditions

In General

  1. Area of Application

    1. myfelt UG (limited liability) (“myfelt”) operates an online shop through the website www.myfelt.de. Goods are available for sale through the web shop. The goods are available in quantities that are conventionally the amount used for private use. The goods will be available worldwide (“sales territory”).

    2. The product range from myfelt is aimed at both consumers and business owners, though only for the final customer. For purposes of these general business terms, (i) a consumer is a person, who enters into this contract, that is neither for commercial use nor for independent vocational activity (§ 13 of the Civil Code – BGB) and (ii) a “business owner” is a normal or legal person or a legal partnership, who enters into the contract for their commercial or independent professional activities (§ 14 BGB).

    3. These conditions apply to all business relationships with myfelt and customers of myfelt (the “customer”). Business terms of the customer are not applicable, even when myfelt does not contradict their validity in individual separate cases.

    4. For all transactions between myfelt and the customer, the laws applicable are the laws of the Federal Republic of Germany according to the UN Sales Convention.

    Sales

  2. Contract Agreement

    1. The presentation of the products at the online shop is not legally binding, but rather a non-binding online catalog. By clicking on the button “buy” / “order to pay it” you are placing a binding order for the goods in your shopping basket. The confirmation of the order follows immediately after the sending of the order and does not confirm an acceptance of the contract. We may confirm your order by sending a confirmation per e-mail or by delivery of the goods within two days.

    2. myfelt may withdraw from the contract,

      1. if myfelt cannot receive the ordered goods within a normal time frame or slightly delayed time frame or can only receive a partial shipment of the ordered goods and myfelt cannot be responsible for the delay, especially when myfelt has completed a delivery schedule with its suppliers;

      2. if delivery cannot be undertaken due to acts beyond human control (acts of God, natural disasters), strikes or shortage of raw materials that are more than just short term, myfelt cannot be held responsible.

        myfelt must notify the customer immediately if any of the above-mentioned circumstances occurs as soon as myfelt learns of such circumstances. Any payments already made by the customer will be refunded immediately.
  3. Prices and Shipping Costs

    1. All listed prices are retail prices in Euros (EUR) and are listed including the valid German VAT at the time of purchase. Shipping within Germany, the EU and the rest of the world is free of charge. Packaging costs are also free.

    2. The prices for orders are binding according to the prices listed on the product page at the time of the order. Prices are retail prices including VAT and all other price components.

    3. For cross-border deliveries outside of the EU (e.g. Switzerland) additional costs may be incurred due to existing legal requirements, such as import duties and/or duties in the form of customs duties. These costs are not additional shipping charges and therefore must be paid by the customer. Please inform yourself of any such charges by the customs authorities of your country before ordering any products.

    4. In case of a return of the product under the terms of the right of cancellation, the customer is responsible for shipping costs for returning the goods when the delivered goods are according to what was ordered and the return costs does not exceed EUR 40,00 – or the customer at time of the cancellation has not yet paid the product costs or the contractually agreed upon partial payment.

    5. In case there is a discrepancy in prices listed at www.myfelt.de due to a technical error, myfelt is entitled to revoke the sales contract. In the event of such a discrepancy and payment has already been made, the customer will promptly be refunded.

  4. Terms of Payment

    1. Purchase prices and shipping costs are to be paid immediately upon conclusion of the sales contract, without any reduction.

    2. Payment is made via PayPal, advance payment or immediate bank transfer. myfelt reserves the right to refer the customer, in individual cases for a certain method of payment.

  5. Delivery

    1. If a specific delivery time has not been specified, you will receive the information about delivery time for the respective product page (Exceptions: previously announced and expressly stated company holidays). Partial deliveries at different delivery times may be agreed upon on request.

    2. The agreed upon delivery times from myfelt or any otherwise agreed upon delivery deadline begin on the day when advance payment is received of the complete purchase price, (including VAT and shipping costs).

    3. Deliveries are made only within the distribution area of the customer specified address. The customer bears responsibility that the delivery can be made, during normal business hours to the address supplied. myfelt reserves the right to withdraw from the sales contract when delivery is unsuccessful after three attempts have been made at delivery. If this circumstance occurs and the customer has made an advance payment, it will immediately be refunded with deduction of the costs of the unsuccessful delivery attempts.

    4. Any obvious damages occurring during shipment should be immediately reported to myfelt. The notification has absolutely no effect on the customer warranty rights, but makes it easier for myfelt, to make its claim against the delivery company.
  6. Review of Delivery, Complaints and Deficiencies

    1. myfelt always undertakes an inspection of the goods before shipping and the customer is advised, for his own good, to check the items upon receipt. Should the customer discover any damages, defects or items not ordered, he is asked to contact myfelt immediately so that procedures to follow can be agreed upon.

    2. Should a customer discover at the time of delivery any packaging and/or transport damages, the customer is requested to have this confirmed by the delivery service and to inform myfelt immediately. myfelt will then decide with the customer the procedures to be followed thereafter. The customer will be requested to keep the damaged packaging as evidence.

    3. If the customer does not comply with these procedures in sections 6.1 and 6.2, it will not affect the rightful warranty rights.

    4. If business dealings between the contracting partners are commercial transactions according to § 343 HGB, the commercial requirement to give notice of defects is according to § 377 HGB.
  7. Reservation of Proprietary Rights

    The ownership of the goods becomes customer property only after full payment for the items.

    Liability and Final Provisions

  8. Liability of myfelt

    1. myfelt has unlimited liability if any damage is caused by intent or gross negligence.

    2. myfelt is not liable for slight negligence, if it is not an essential contractual obligation (cardinal obligation) and neither life or limb suffered damages, provided that no guarantee has been given to the condition of a product as long as no fraudulently concealed flaw or not a case of delay or impossibility. Essential contractual obligations in this sense are those obligations, whose fulfillment the customer may rely on and those that are essential for the fulfillment of the purpose of the contract. myfelt is liable for slightly negligent violation of essential contractual obligation only in the amount of typically foreseeable damages at contract conclusion.

    3. Liability for consequential damages, such as profit loss and other consequential damages as well as the reimbursement of futile expenditure is excluded.

    4. The above limitations for liability do not apply to injury of life, body or health, in the circumstances of assumption of a guarantee for the quality of a product and fraudulently concealed defects.

    5. If liability is excluded or limited for myfelt, this also applies to the personal liability of myfelt employees, representatives and support helpers.

    6. Concerning companies, the warranty period is limited to 12 months.
  9. Privacy Policy

    1. Details are given in the separate Privacy Policy.

  10. Final Provisions

    Should any of the above provisions be legally invalid, this does not invalidate the remaining provisions. The invalid provision will be replaced with a provision of economic relevance and effectiveness. The same also applies in the event that any above provision contains an unintended loophole.

Berlin, 11th November 2013