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1.     scope

 

1. These general terms and conditions (hereinafter GTC) of xera3 Deutschland GmbH apply to all contracts that a  Consumers or entrepreneurs (hereinafter referred to as customer) conclude with the seller with regard to the goods presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

2. These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.

3. We, Xera3 Deutschland GmbH , reserve the right to change the terms and conditions at any time. The terms and conditions can be saved and / or printed out by you and are available on our website. Any regulations deviating from these terms and conditions only apply if they have been confirmed by us in text form.

4. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2.     Conclusion of contract

 

1. The product descriptions contained in the Fuhlendorf online shop of the seller do not represent binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.

 

2. All offers in the Fuhlendorf online shop are subject to change and non-binding.

3. With your order via the "Buy now" button, you are submitting a binding purchase offer that still requires our acceptance. The purchase contract for the goods is only effective when we accept your order. We are not obliged to accept your purchase offer. We can accept it by sending the confirmation of dispatch or by sending the goods. If you pay after receiving an invoice, acceptance takes place when the goods are dispatched, which - unless otherwise specified in the online shop - takes place within three working days. When paying  by credit card or PayPal, acceptance by Fuhlendorf and conclusion of the contract by debiting the credit card or your PayPal account, this takes place at the time of delivery of the goods and simultaneous invoicing.

You can cancel your order process at any time by closing the browser window before clicking the "Buy Now" button. Immediately after placing your order, you will receive an automatic email summarizing your order. This email is purely for informational purposes does not yet represent acceptance of your order by us.

4th  The customer is not entitled to have several customer accounts at the same time. We reserve the right to merge and delete multiple registrations and to change, cancel or delete customer accounts that violate the aforementioned provision.

5. The contract language is German

6th  Order processing and contact usually take place via automated order processing and email. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address; in particular, when using SPAM filters, the customer must ensure that all of the Emails sent to the seller can be delivered.

7. The contract between you and Fuhlendorf is concluded with:

   xera3 Germany GmbH

   Rütersbarg 46

   22529 Hamburg

   Tel .:       + 49 (0) 40 - 557 60 141

   Fax:        + 49 (0) 40 - 553 81 30

   E-mail:     info@fuhlendorf-shop.de

   Internet:  www.fuhlendorf-shop.de

 

Representation relationships: xera3 Deutschland GmbH is represented by the managing director  Manfred Eder  

Register court:   Hamburg District Court

Register number:  HRB 118641

Sales tax identification number according to §27a sales tax law: DE 282200530

3.     Prices, delivery, shipping costs

 

1. The prices quoted in our online shop include the statutory value added tax and all other price components. Any shipping costs incurred will be shown to you before you place your order.  

​​​​​​​​​​​​ 2. Delivery will be made to the address you have given, unless you have given a different delivery address.

3. If not all the desired articles are in stock, partial deliveries are permitted, provided this is reasonable for you. The subsequent deliveries will be made postage-free for you.

4. For deliveries within Germany, the seller charges a flat shipping fee per order. Please refer to our table of shipping costs for the current conditions. For cash on delivery payments, there is an additional fee, which the delivery person collects from you. The amount of the fee can also be found in our table of shipping costs. There are no other taxes or costs.

5.  In the case of deliveries to countries outside the European Union, additional costs may be incurred which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties (e.g. customs duties) or taxes. Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payments from a country outside the European Union.

6th  When paying by means of a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to PayPal - Terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4th     Right of withdrawal

 

1. Right of withdrawal, exclusion of the right of withdrawal, agreement on return costs, consumers within the meaning of Section 13 BGB have the following right of withdrawal:

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Right of withdrawal

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us (xera3 Deutschland GmbH, Rütersbarg 46, 22529 Hamburg, phone: 040 557 60 141, email: info@fuhlendorf-shop.de) by means of a clear declaration (e.g. a letter sent by post , Fax or e-mail) of your decision to withdraw from this contract.

You can use the attached  Model withdrawal form  but not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For these repayments, we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in this case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods.

 

End of revocation

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2. The right of withdrawal does not apply to deliveries of goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

5.     Due date and payment

 

1. You can pay for your purchase as follows:

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      1. Cash on delivery

      2. Credit card

      3. PayPal

      4. Advance transfer

With every order we reserve the right not to offer certain payment methods and to refer to other payment methods.

6th     Retention of title

 

1.  The delivered goods remain the property of xera3 until they have been paid for in full.

7th     Liability for defects, compensation, return

 

1.  If the delivered goods are defective, the seller is liable for defects within the framework of the statutory provisions, unless otherwise stipulated below.

2.  If xera3 Deutschland GmbH provides supplementary performance and the supplementary performance has been carried out by means of a replacement delivery, you are obliged to return the first delivered goods to xera3 Deutschland GmbH within 30 days. The return of the defective goods must take place in accordance with the statutory provisions. Fuhlendorf reserves the right to claim damages under the legally regulated conditions.

 

3.  If you have any questions about a defect and the processing of claims for defects, you can contact us by email or phone.

 

4. x era3 Deutschland GmbH has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.

5.  Furthermore, x era3 Deutschland GmbH is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you regularly rely. In this case, however, x era3 Deutschland GmbH is only liable for the foreseeable, contract-typical damage. x era3 Deutschland GmbH is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

6th  The above limitations of liability do not apply to culpable injury to life, limb and health, to the assumption of a guarantee for the quality of the product and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.  

7th  As far as the liability of xera3 Deutschland GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.  

8th.     Collection, processing and use of personal data

 

1.  When using the Fuhlendorf Beauty website and the Fuhlendorf online shop, we collect certain - including personal - data. For details, see  Data protection information .  

9.      Applicable Law

 

1.  German law applies to the exclusion of the UN Sales Convention (CiSG)

10.      Alternative dispute resolution

 

1.  xera3 Deutschland GmbH endeavors to amicably resolve any differences of opinion arising from a purchase contract with you. In addition, Fuhlendorf is fundamentally unwilling and obliged to take part in dispute settlement proceedings before a consumer arbitration board.

2.  The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at the external link: http://ec.europa.eu/odr. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court.

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