General Terms and Conditions
- Area of validity
- Conclusion of contract
- Right of revocation
- Prices and terms of payment
- Delivery and shipping conditions
- Redeeming gift certificates
- Redeeming action vouchers
- Reservation of ownership
- Liability for defects
- Applicable law
- Information on Online Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Felici Caballi GmbH” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of the customer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 For the purchase of vouchers these GTC apply accordingly, unless otherwise expressly regulated.
1.3 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity.
1.4 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
2. Conclusion of contract
2.1 The product representations contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The seller can accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- indem er den Kunden nach Abgabe von dessen Bestellung zur Zahlung auffordert.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract will be saved by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. However, the text of the contract can no longer be called up by the customer on the seller’s website after sending his order.
2.5 Before bindingly placing an order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can continuously correct his entries via the usual keyboard and mouse functions before the binding submission of the order within the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of cancellation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation can be found in the seller’s revocation instruction.
4. Prices and payment conditions
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 Various payment options are available to the customer, which are specified in the online shop of the seller.
5. delivery and shipping conditions
5.1 The delivery of goods is carried out regularly by means of dispatch and to the delivery address indicated by the customer. When processing the transaction, the delivery address indicated in the seller’s purchase procedure is decisive. Notwithstanding the above, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.
5.2 If the transport company returns the dispatched goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable notice of the service a reasonable time in advance.
5.3 Self-collection is not possible for logistical reasons.
6. Redeeming gift certificates
6.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop.
6.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Any remaining balance will be credited to the customer’s voucher account by the expiry date.
6.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
6.4 Several gift vouchers can be redeemed with one order.
6.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift certificates.
6.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
6.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
6.8 The gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, incapacity or lack of authorisation to represent the respective owner.
7. redemption of action coupons
7.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
7.2 Promotional vouchers can only be redeemed by consumers.
7.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
7.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7.5 Only one promotion voucher can be redeemed per order.
7.6 The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
7.7 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference
7.8 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
7.9 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
7.10 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
8. Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
9. liability for defects
9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
9.2 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
10. Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
11. Information on online dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.