Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern der.festmacher’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
 

The term ‘you’ refers to the user or viewer of our website.


The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties: [list of information will be inserted soon].

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

§1 Validity and Definition of Terms 

(1) The following general comditions are applicable for all shipments between a customer and us in effect at the time the purchaser placed its order as follows.

 

Any natural person, who concludes a legal transaction for a purpose, which can be attributed neither to its commercial nor its personal professional activitiy (§ 13 BGB).

 

§2 Contract Conclusion, electronic Storage of the Contract Text

(1) The following terms and conditions are applicable for order processes via our online store  http://www.derfestmacher.de .


(2) If a contract has been concluded, this contract becomes effective with:


der.festmacher
Sandra Bauer
Saarner Straße 76
D-47269 Duisburg

 

(3) The presentation of goods in our online store are non-binding a do not comstitute a legally binding offer but rather a purely invitation to the consumer, to place orders for goods. All goods offered are manufactured to customers' specifications. We reserve the right to make alterations. On ordering the selected goods, by clicking the 'Confirm Order' button, the customer enters into a binding order for the conclusion of a purchasing contract.


(4) If an order has been placed in our online store, the following arrangements apply: The consumer gives a binding contract offer, by going through the provided order procedure.

 

The order is made in the following steps:

1) Selecting the product of choice
2) Confirmation by clicking the button 'In den Warenkorb/In your shopping basket'
3) Verification of the correct information, selected in the shopping basket
4) Confirming the button 'Weiter einkaufen/Continue Shopping' or
5) Confirming the button 'zur Kasse/Check Out'
6) Review or respectively correction of all goods ordered, the amount of the articles ordered, marking out special requests.
7) Registration, providing personal data in the online store.
8) Selecting the payment method
9) Verification of the billing- and shipping-address, payment method, description of the shopping basket, binding order confirmation by clicking the button 'Zahlungspflichtig bestellen/fully liable payment order confirmation'.
By pressing the 'BACK' key in his internet browser of choice, the consumer can before placing a binding order, after double checking the given information, be guided back to the website, where the customer's given information is recorded and therefore checking for possible errors and their correction. The order process can also be terminated by closing the web browser. We automatically confirm the order entry by mailing out a generated email ('Auftragsbestätigung/Order Confirmation'). Herewith we confirm your given offer.
(5) Storage of the contract data, if an order has been placed via our online store: We will send out the order data and our general terms by email to your attention. The general terms you can read any time @ http://www.derfestmacher.de. For safety reasons, your processed data won't be availble through the internet.

 

§3 Ordering, Prices, Shipping Costs, Payment, Maturity

 

(1) Payment must be received upon purchasing, item(s) will not be shipped or completed until full payment has been received. Shipping costs for a dispatch within Germany will be paid by the company der.festmacher, if the total order value of your order is above 70 €. If the total value is lower than 70 €, shipping costs for regular shipments are 4.20 € (insurance not covered) within German borders. The ordered goods will be delivered by German Post/DHL. For alternative delivery terms (e.g. shipment tracking, DHL Express Shipment) please contact us directly, because we need to check latest shipment fees.

 

For basic international shipments we charge 9.50 € (1 kg max). If you wish to have priority shipment / air freight shipment / insured packaging, shipping costs will be higher. For international shipments please contact us @ info@derfestmacher.de prior to your order placement, so that we are enabled to check on the latest shipping fees, which may apply to your final destination. For shipments outside of the EU we do our very best to expedite all customs clearance formalities for the ordered goods. But we are not liable for any delays, losses or damages causes by interference from customs officers or any other governmental authorities.

 

(2) Because of the small-scale enterprise of our company, according to German tax law (§ 19 subsection 1 UStG), no value added tax is accounted to our prices. Prices stated, refer to the corresponding product/products shown or described, but they do not include the attachments and i.e. decoration. With the publication of new price tags all prices will be replaced and therefore not longer valid.

 

With appearance of the current price list, all price list of former date are replaced and therefore lose their validity. Valid at the time of order placement is respectively only the latest version.

 

(3) The customer has the possibility to either pay in advance (advance bank transfer) or via the payment service PayPal.

 

(4) If the customer has choosen the advance bank payment, he is committed to transfer the final purchase price (possible shipping costs included) immediately after the contract is finalized. The customer will receive the necessary bank details after the order has been placed. This bank account should be used for the payment. Only after the complete payment has been received, the ordered goods will be manufactured.

 

§4 Delivery

(1) The ordered goods will be shipped latest after three weeks. Thereof the term of delivery in case of advance bank payment begins as soon as the complete payment has been received and for all other payment methods at the day the contract has been finalized. In principle the ordered goods are dispatched as soon as possible, but latest after three weeks.

 

If, exceptionally, an ordered item cannot be delivered within the given lead time of three weeks after the contract has been finalized, e.g. because single components have to be ordered  at third parties, and severe difficulties arise in the supply of these components, the company der.festmacher informs the customer latest at the last day of the given lead time immediately by e-mail about the issue. In this case the customer has the right to withdraw from the contract. The customer must immediately communicate right of termination in written from (§ 126b BGB). A claim by the customer for compensation due to delivery defaults is excluded in the case of ordinary negligence (§§ 280 Abs. 2, 286 BGB), as far as neither intention nor coarse carelessness is given.


(2) The risk of accidental loss and the accidental deterioation of the sold goods shall pass to the customer upon delivery, in the event of a sale.

 

§5 Reservation of Proprietary Rights

We reserve the right of propietry (reservation of goods) until we have received the complete payments, which we agreed in the contract.



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§6 Consumer's Right for Cancellation

Consumers are entitled to the right of cancellation according to the following conditions, whereby the consumer is any natural person who has concluded a legal transaction with a certain objective which cannot be ascribed to his commercial or independant professional activity.

Cancellation Policy


You have the right to withdraw from this contract whithout giving any reason within 14 days.

 

The withdrawl period is fourten (14) days, beginning at the day, the customer or a third party designated by the customer, who is not the carrier, took possession of the goods.

 

In order to exercise the rigth of withdrawl, the customer has to contact us

 

der.festmacher
Sandra Bauer
Saarner Straße 76
D-47269 Duisburg
phone: +49.(0)179.501 5027
e-mail: info@derfestmacher.de

 

providing a clear statement (e.g. a postal letter or an e-mail) on the customers decission, to inform us, that he wants to whithdrawl this contract. The customer can use the attached withdrawl form or any other form of his choice.

 

Consequences of Withdrawl

 

If the customer withdrawls this contract, der.festmacher has to repay all payments received from the customer, including shipping costs (with the exception of additional costs, which may have arisen because a different way of shipment has been choosen than the cost efficient standard shipment provided by us) immediately and latest within fourteen (14) days from the day the information of the withdrawl of the contract is received by us. For the repayment we will use the same instrument of payment, which has been choosen by the customer for his original  transaction, unless something else explicitly has been agreed upon. In no way we will charge the customer any fee because of this repayment.

 

We may withhold the reimbursement until we have received the goods back, or the customer has supplied evidence of having shipped back the goods, whichever is the earliest.

 

The customer must immediately and in any case latest within fourteen (14) days, starting at the day, he has informed der.festmacher that the contract is revoked, ship back the goods or hand them out. The time limit is observed, if the goods are shipped within fourteen (14) days and therefore before the time limit is exceeded.

 

The right of withdrawl is excluded for individually configured goods, which were specifically designed and produced. These good are excluded from the right of withdrawl in accordance with § 312d BGB. Should you nevertheless be dissatisfied with our product, we are interested to find a satisfactory solution for you. In this case please contact us.

The customer shall bear all costs related to the reshipment.

End of the Cancellation Policy

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§7 Cancellation Policy Form

 

Example of Cancellation Policy Form

(If you wish to cancel this contract, you need to fill out this form and send it back to us.)

To:
der.festmacher
Sandra Bauer
Saarner Straße 76
D-47269 Duisburg
email info@derfestmacher.de

Herewith I/we (*) cancel the contract with der.festmacher about the purchase of the following goods (*)

_____________________________________________________

Ordered at (*)/received at (*)

__________________

Name of the purchaser

_____________________________________________________

Address of the purchaser


_____________________________________________________

Signature of the purchaser (only if this paper is mailed on paper)

__________________

Date

__________________

(*) Please cross off what is not applicable

 

 

§8 Warranty

(1)The customer's warranty-right follows the general legal rules, generally subsequently nothing else is determined. In some cases variations in color, pattern or design are possible, because all goods offered by der.festmacher are handcrafted and individually manufactured. For customer compensation for damages of the customer opposite the offerer the regulation § 9 of this Terms of use becomes valid.

 

(2) The period of limitation for warranty claims of the customer amounts to with consumers with again manufactured goods two (2) years. Against companies the period of limitation warranty claims to with consumers with again manufactured goods one (1) year.

 

The warranty periods do not apply if the vendor can be accused of gross negligence, or in cases of bodily injury and health, impairment attributable to the vendor and in the case of the loss of life of the customer. Material contractual obligations are those whose performance to achieve the goal of the contract is necessary, e.g. the provider has sent the customer the item free of defects and deficiencies and to give the title to her. The warranty periods do also not apply in claims for damages, caused by a deliberator or grossly negligent breach of duty of the provider, his legal representatives or agents. Towards entrepreneurs also excluded from the reduction of the limitation is the right of recourse under § 478 BGB.

 

Claims for defects do not apply:

a) for construction-conditioned defects with costom-made products, which have been produced according to construction arrangement of the buyer

b) for defects incurred due to inappropriate treatment/usage

c) for customary technlogical reasonable deviations in dimensions, shape as well as for not remediable color deviations and for exact correspondence with color patterns and designs.

 

(3) A guarranee is not stated by the provider

 

 

§9 Liability Exclusion

(1) Customer compensation claims shall be excluded unless agreed otherwise in the following. The above exclusion of liability also applies to legal representatives and viarious agents if and when the customer asserts claims against such entitles.

 

(2) The aforesaid limitation and the exclusion of liability specified in figure 1 shall not apply in the case of damages based on injury of life, limb, health and claims for damages from the violation of essential contractural obligations. Essential contractual commitments are those which enable the fulfillment of the contract, e.g. the vendor has to hand over the goods to the customer without material defects or defects of title, as well as transferring the title rights. This exclusion of liability does not cover damage attributable to intent or gross negligence by the vendor, his legal representatives or agents.

 

(3) Provisions of the product liability act (ProdHaftG) remain unaffected.

 

 

§10 Contractural Language

The contractural language in the territory of German-speaking countries in Europe is German, outside this territory English.

 

 

§11 Severability Clause

Should a term of this agreement of use be ineffective, the legal effectiveness of the other provisions is not affected.

 

Terms of use were issued in February 2016

 

Translation based on Gratis AGB erstellt von agb.de

phone: +49.(0)179.501 5027 eMail: info@derfestmacher.de