General Terms & Conditions

General Terms and Conditions farbstifte.net/colouredpencils.de

§ 1 General, scope

The following General Terms and Conditions govern the contractual relationship between farbstifte.net/colouredpencils.de, Anja Fuhrbach, Akazienweg 15, 48720 Rosendahl (hereafter „farbstifte.net“) and natural persons and businesses who use the farbstifte.net or colouredpencils.de onlineshop (hereafter „purchasers“). The General Terms and Conditions apply to the use of farbstifte.net and all subdomains. In each case the version as amended at the time the contract is entered into shall prevail. The official language of the contract is German.
Consumers within the meaning of these General Terms and Conditions are natural persons, who enter into a business relationship with farbstifte.net, without acting in a corporate capacity or in an occupational activity.
Entrepreneur within the meaning of these General Terms and Conditions are natural or legal persons or legal persons societies, acting in their corporate capacity or in an occupational activity. with farbstifte.net.

§ 2 Conclusion of the contract

The products of farbstifte.net constitute a nonbinding offer to purchasers to order goods from the farbstift.net onlineshop.
The purchaser makes a binding offer to conclude a contract of sale, when he orders an article online.
farbstifte.net is entitled to accept this offer within 1 day by sending an order confirmation. The order confirmation is sent by e-mail. If the period stated in Sentence 1 expires effectless, the offer is regarded as being rejected.

§ 3 Payment, due dates, delayed payment

Goods must be paid for in advance by bank transfer, cash on delivery, cash on pickup, credit card, Direct Debit, iDEAL, ApplePay, GooglePay, MicrosoftPay, Bancontact  or in exceptional cases on account. We reserve the right to accept or decline certain payment methods in individual cases. The purchaser obligates himself to pay the purchase price including shipping charges immediately after the purchase. The following exclusions exist: If cash on delivery is agreed, the purchaser commits himself to pay the invoiced amount on receipt of the goods. If cash on pickup is agreed, the purchaser commits himself to pay the invoiced amount on pickup.
If payment on account is agreed, the purchaser commits himself to pay the invoiced amount within 7 days after receipt of the goods.
If the purchaser is late with payment, he is liable for all negligence meanwhile. He is also liable for services in the event of accidental events, unless the damage would have occurred even if the services had been on time.
Interest is added to the purchase price when the payment is delayed. The interest on delayed payments for the year is five percent above the base interest rate. It is eight percent above the base interest rate when consumers are not participating. Claims for further damages are not excluded.

§ 4 Delivery

The purchased articles are delivered to the address given by the purchaser.
You can find information about shipping costs and payment costs and lower quantity fees at https://farbstifte.net/info/shipping.html. Unless stated otherwise, for deliveries outside of Germany the price for postage and packaging is calculated separately by the weight of the good. If the purchaser requests a special form of delivery that costs more, he must bear the extra costs.
If the purchaser gains the purchased article in a corporate capacity or in an occupational activity, he bears the risk of the products accidental loss or damage as soon as farbstifte.net has given it to the forwarding agent, the freight carrier or any other individual or institution charged with delivery.
Return charges when the customer is a consumer: You have to bear the cost of return if the delivered goods correspond to the ordered ones and if the price of the returned goods does not exceed a sum of 40, - Euro or if the goods are not payed or partial payed (like agreed in the contract) at the time of revocation.

§ 5 Reservation of title

The goods remain the property of farbstifte.net until full payment has been effected. The pledging, provision as security, processing or modification of the article before transfer of ownership is not permitted without the express consent of farbstifte.net.

§ 6 Prices

The quoted price of the article is the full price including any VAT due and other price elements. The price excludes postage, packaging and delivery, as well as duties, taxes and charges which may be billed by your state or the forwarding agent, the freight carrier or any other individual or institution charged with delivery. These duties, taxes and charges differ internationally and cannot be predicted.

§ 7 Termination

farbstifte.net has the right to terminate the contract at any time, including the case where part delivery has been made or is outstanding, if false information about the customer’s financial capacity has been supplied or objective reasons for the customer’s financial incapacity appear, e.g. insolvency proceedings or rejection of a respective application due to lack of funds. The customer has the right to provide an advance payment or a suitable security, to prevent termination.
Without prejudice to any claims of damages, in the case of a part-delivery and termination from the contract at this stage those items and products which have been delivered to the customer must be invoiced and paid according to the contract.

§ 8 Warranty

Warranty towards consumers:
a) farbstifte.net is responsible to ensure that the product is free of faults at the moment of handing it over to the customer. If a fault shows within six months after delivery, it will be presumed that the product had been faulty at the time of handing over, except if that presumption is not in accordance with the type of product or type of fault. If the fault becomes apparent after the expiration of six months, then the customer must demonstrate and provide prove that the product was faulty at the time of delivery.
b) If the product is faulty at the time of delivery, the customer has the right to choose between the contract’s fulfilment by repair of the product or by the replacement of the product. farbstifte.net is entitled to refuse the chosen type of fulfilment if that is only achievable with unreasonable costs and the other type of fulfilment does not bring considerable disadvantages to the customer.
c) If the supplementary performance fails, the customer has the right, according to his choice, to reduce the payment of the price or withdraw from the contract and to claim damages. If the fault is minor the customer has no right to withdraw from the contract.
d) The customer’s statutory rights expire within two years. If a used product has been sold the statutory rights expire within one year.
The yearlong period of limitation is not applicable for claims for damages.

Warranty towards professionals:
a) If an order is part of a customer’s trading business, then the customer is obliged to check the delivered goods immediately regarding deviations from specified condition and amount, and in case of visible defects or deviations farbstifte.net must be notified by the customer within one week. If notification is not made within one week then statutory rights will be excluded. Non-visible damage or defect in the supplied product must be reported in written form within one week after discovery. To meet the deadline, timely mailing shall suffice.
In this case the Customer will have to prove all conditions for his claims under statutory rights, in particular the specific fault itself, the time of its discovery and the timeliness of the faults reporting.
b) In cases of a defect or fault farbstifte.net will repair or replace the product according to the choice of farbstifte.net.
c) The Customer’s statutory rights expire after one year from receipt of goods. The period of limitation is not applicable for claims for damages.
If farbstifte.net replaces the product it may demand the Customer to return the faulty product.
farbstifte.net is not liable for defects due inappropriate or non-contractual handling by the Customer during setting up, connecting, operating or storing the article.

§ 9 Limitation of liability

farbstifte.net is only liable for damage other than injury to life, limb or health to the extent that the damage was due to deliberate or gross negligence or breach of a material contractual obligation on the part of farbstifte.net or its agents.
An obligation is essential contractual is one which must be met if the contract is to be properly fulfilled and on which the purchaser may normally rely. Liability for damages beyond that is excluded. Claims under a guarantee given by farbstifte.net in relation to the condition of the article and under the product liability law are hereby unaffected.
According to the current state of the technology we cannot guarantee the perfect stability and/or availability at all times of data communication over the Internet. Therefore we are not liable for the full availability of our online shop.

§ 10 Choice of law

All discrepancies evolving from this legal relationship are subject to the laws of the Federal Republic of Germany.
This choice of law only applies to consumers to the extent that they are not deprived of the protection provided under mandatory statutory provisions in the country in which the consumer is normally resident. The UN Convention on the International Sale of Goods does not apply.
If the buyer is a businessman, a legal entity under public law or special fund under public law the exclusive jurisdiction for all discrepancies arising under this contract is the business location of farbstifte.net. The same applies if the buyer has no general jurisdiction in Germany or the domicile or habitual residence at the time of commencement of action are not known.

§ 11 Severability clause

If any clause of these General Terms and Conditions is or becomes invalid or unenforceable, this shall not affect any other clauses of these General Terms and Conditions unless the inapplicability of individual clauses would put one of the parties to the contract at such an unfair disadvantage that that party could no longer be expected to adhere to the contract.

End of General Terms and Conditions

	Instructions on withdrawal     Right of withdrawal   You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece. To exercise the right of withdrawal, you must inform us (Anja Fuhrbach, Akazienweg 15, 48720 Rosendahl, Deutschland, Fax +49 2545 9359819, E-Mail info@farbstifte.net) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website https://farbstifte.net/withdrawal. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.   Effects of withdrawal   If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. End of Right of Withdrawal