General Terms And Conditions
Provider and Contractual Partner
Flucks GmbH
Rotdornweg 11
48165 Münster
Germany
Phone: +49 (0)2501 5998060
Email: [email protected]
VAT ID: DE321995483
WEEE Reg. No.: DE95819286
Managing Director: Gerd Schalow
Commercial Register: Local Court Münster
Registration Number: HRB 17452
Status: 06/2024
§ 1 – Scope of Application
(1) These terms and conditions of Flucks GmbH (hereinafter referred to as the “Seller”) apply to all sales of goods made through the Seller’s online shop. The inclusion of the customer’s own terms and conditions is hereby rejected unless otherwise expressly agreed by the parties.
(2) “Customers” include both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
§ 2 – Conclusion of Contract
(1) With the exception of orders placed via the “Direct to PayPal” button, the Seller’s product offers merely constitute an invitation for the customer to submit a purchase offer. By completing the ordering process, the customer submits a binding purchase offer to the Seller. Acceptance of this offer by the Seller takes place only through a separate declaration of acceptance or a payment request within 48 hours after receipt of the purchase offer.
(2) In the case of an order placed via the “Direct to PayPal” button, the Seller’s product offers constitute binding purchase offers to the customer. Acceptance of these offers by the customer, and therefore the conclusion of the contract, occurs when the customer completes the ordering process.
(3) The ordering process begins when the customer places a product in the shopping cart using the “Add to Cart” button or the “Direct to PayPal” button on the product detail page. The customer can access their personal shopping cart at any time via the “Shopping Cart” icon in the upper menu bar. Within the cart, the customer may change the order quantity or remove products by clicking the “Trash Bin” icon.
a) Orders via the “Checkout” button
Once the customer has filled the shopping cart with the desired products, they may continue the ordering process by clicking the “Checkout” button.
If the customer has already registered for the Seller’s online shop, they may continue the order process by entering their registered email address and password under “I am already a customer.”
If the customer is not yet registered, they may proceed via the “Continue as a New Customer” form either by creating a customer account through the “Create New Customer Account” option or by continuing as a guest. In both cases, the customer must provide their personal data and confirm the information by clicking the “Submit Customer Data” button.
The customer may then select one of the payment and shipping methods offered by the Seller. The selection is made by clicking and must be confirmed via the “Continue” button. The customer will then reach the order overview.
b) Orders via “Direct to PayPal”
Optionally, the Seller offers ordering via “Direct to PayPal.” To use this option, the customer must either be registered with PayPal or enter billing information directly through PayPal. If this option is selected, the customer will be redirected to their PayPal account after entering their PayPal email address and password and may choose the billing address stored with PayPal. In the case of an order without a PayPal account, the customer confirms the entered information by clicking “Agree and Continue.” After completing the information, the customer is redirected to the Seller’s online shop and reaches the order overview.
Any corrections to entered data can be made via the “Change” link in the relevant input field.
To complete the order, the customer must confirm acceptance of the General Terms and Conditions by activating the checkbox stating: “I have read and accept the General Terms and Conditions of this shop.”
The customer submits a binding order for the products in the shopping cart by clicking “Order with obligation to pay” or “Buy Now.”
(4) Order processing and contact are conducted via email using automated order processing software. The customer must therefore ensure that the email address provided for order processing is correct so that communication can be received. If spam filters are used, the customer must ensure that all emails sent by the Seller or its order processing service providers can be received.
§ 3 – Storage of Contract Text
The order confirmation sent by email contains the customer’s order data, the General Terms and Conditions, customer information, and the cancellation policy including the sample cancellation form. The contract text is not stored by the Seller after conclusion of the contract. Any further permanent storage of the offer must therefore be arranged by the customer themselves (e.g., by screenshot).
§ 4 – Prices
The prices stated by the Seller include all price components. VAT is shown separately. Packaging and shipping costs are displayed separately in the respective product offer or via the “Shipping” link and are charged additionally. Additional costs such as taxes, customs duties, or other charges may apply for cross-border deliveries.
§ 5 – Payment Terms
Payments can be made as follows:
Payment in advance
After placing the order, the customer will receive the Seller’s bank details for payment. Shipment of the goods takes place after the payment amount has been credited to the Seller’s account.
Payment via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg
After placing the order, the customer is redirected to the PayPal website, where payment to the Seller can be completed. Payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Shipment of the goods takes place after confirmation of payment by PayPal. The customer’s PayPal account is charged upon completion of the payment instruction. PayPal’s terms and conditions also apply.
Direct debit payment via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg
For payments via direct debit, the payment service provider PayPal is used. After placing the order, the customer is redirected to PayPal to process the direct debit mandate. Shipment takes place after confirmation by PayPal. The bank account debit depends on the respective mandate and is communicated accordingly.
Credit card payment via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg
After placing the order, the customer is redirected to PayPal to initiate payment by credit card. Shipment takes place after confirmation of payment by PayPal. The debit from the bank account or credit card depends on the processing by the customer’s bank or credit card issuer.
§ 6 – Delivery
(1) The delivery times stated for the products begin on the day following the customer’s payment instruction to their payment service provider. In the case of credit card payments and “Direct to PayPal” orders, the delivery period begins on the day following the conclusion of the contract. Delivery takes place no later than within the specified delivery period. If the final day of the delivery period falls on a Saturday, Sunday, or public holiday recognized at the place of delivery, the next working day shall apply.
(2) For deliveries outside Germany, the maximum delivery time stated for the products is extended by 5 working days within EU member states and by 10 working days for all other countries.
§ 7 – Retention of Title
The delivered goods remain the property of the Seller until all claims arising from the contract have been fulfilled.
§ 8 – Liability for Defects
(1) In sales to entrepreneurs, the limitation period for defects in new goods is one year from the transfer of risk. In the case of used goods, rights and claims for defects are generally excluded. The limitation period does not restart if replacement goods are supplied under warranty.
(2) In sales of used goods to consumers – excluding digital products and goods with digital elements – liability for defects arising within one year from delivery exists only if an express and separate contractual agreement has been made with the customer and the customer was informed of the shortened limitation period before submitting their contractual declaration.
(3) If the actual condition of the goods deviates from objective requirements, no defect claims exist for this deviation if the customer was expressly informed before submitting their contractual declaration and a separate contractual agreement regarding this deviation was concluded.
(4) The statutory limitation periods for recourse claims under Section 445a of the German Civil Code (BGB) remain unaffected, as do claims arising from intentional breaches of duty or fraudulent concealment of defects. According to paragraph (5), these limitations of liability also do not apply to claims for damages and reimbursement of expenses asserted by the buyer due to a defect.
(5) In cases involving injury to life, body, or health, the Seller is liable without limitation in accordance with statutory provisions. This also applies in cases of fraudulent intent, guarantees, or mandatory statutory liability, such as under the German Product Liability Act.
(6) In sales to merchants within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duties of inspection and notification under Section 377 HGB apply. Failure to comply with these obligations results in the goods being deemed approved.
(7) Otherwise, the statutory provisions apply.
§ 9 – Contract Language
The contract language is German.
§ 10 – Final Provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) For consumers within the meaning of Section 1 (2) sentence 1, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
(4) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or if their residence or habitual place of stay is unknown at the time legal action is filed.
II. Information on Dispute Resolution Procedures
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
