Terms and conditions
I. Information concerning Distance Selling and Conclusion of Contracts in Electronic Business Transactions
1. Contractual Partners
The following contract conditions are valid for all contracts made via the online shop at the URL https://shop.flgntlt.com between
German eTrade GmbH
Fax +49 (0)351 89570-741
Register Court: Amtsgericht Dresden
Register Number: HRB24038
Sales Tax Identification Number according to Sec. 27a UStG: DE 243518421
Managing Directors: Rene Schmidt, Uwe Krause
and the “Customer”.
According to these General Terms and Conditions, Customers identify exclusively as “Consumers”. A Consumer is any natural person who completes a legal transaction for a purpose that can neither be attributed to that person’s business nor to that person's freelance activity.
The relations between the contract parties are subject to the laws in force within the Federal Republic of Germany, insofar as the accorded protection is not withdrawn by obligatory legal regulations of the state in which the Costumer’s habitual residence is located.
2. Conclusion of the Contract in Electronic Business Transaction
The presentation of products and services on our online shop does not constitute a legally binding offer from German eTrade GmbH. More precisely, it is intended as an invitation for the Customer to make a binding offer through the placing of an order.
As soon as your order has been registered, its confirmation and details will be sent to you automatically via email. The availability of the items you have ordered will then be checked and if one or more items are not available, your offer will not be accepted, which we will obviously communicate to you per e-mail. The contract with the Customer is only valid after German eTrade GmbH has explicitly accepted the order. German eTrade GmbH does not assume any procurement risk and reserves the right to be relieved of any obligation to fulfil the contract in case of incorrect or improper self-supply. In accordance with the liability provisions in article II 9 of these General Terms and Conditions, the responsibility of German eTrade GmbH remains unaffected in case of damage caused by wilful intent or gross negligence. In case of complete or partial unavailability of a product or service, German eTrade GmbH will inform the Customer immediately. In case of cancellation, the related consideration will be refunded to the Customer.
Due to technical reasons, it is sadly not possible to accept orders via telephone, fax or e-mail. The only orders which can be accepted are those placed through our online shop.
3. Information about your Right of Withdrawal
As to distance selling contracts, Customers can exercise their right of withdrawal in accordance with Sec. 355 BGB. As a Customer you are thus entitled to rescind the contract in accordance with the following right of withdrawal policy:
Right of Withdrawal Policy and Procedure
You have the right to withdraw from this contract within 14 days without the necessity of providing any reason.
The withdrawal deadline will expire after 14 days from the day on which you acquire, or a third party indicated by you with the exclusion of the carrier acquires physical possession of the goods.
To exercise the right of withdrawal, you have to inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail - German eTrade GmbH, Antonstr. 3c 01097 Dresden, Germany; fax +49 (0)351 89570-741; e-mail shop[at]flgntlt.com; telephone +49 (0)351 89570 650). You may use the sample withdrawal form available further in this text, or another equivalent one.
In order to meet the withdrawal deadline, it is sufficient for you to send said form before the withdrawal period has expired.
Consequences of the Withdrawal
If you withdraw from this contract, you will be reimbursed all the payments you have already made, including the shipping fees (with the exception of any supplementary costs in case of a delivery type specifically chosen by you and differing from the basic standard delivery offered by us), within 14 days from the receipt of the communication containing your decision to withdraw from this contract. Reimbursements are carried out using the same payment method used for the initial transaction, unless expressly agreed otherwise; in any case, no fees apply as a result of such reimbursement. We may suspend the reimbursement procedure until we have received the products or you have supplied proof of having sent them back effectively, whichever is the earlier.
You are to send the products back or hand them in to us within 14 days from the communication of your withdrawal. The deadline is deemed as met if you send the products back before the 14-day period has expired. You will have to cover the direct costs of the return shipping. If the products cannot be returned by regular post, said costs will not exceed a maximum of approximately 10.00 EUR.
You will only be held liable for the diminished value of the products, if after inspection of their condition, properties and functionality, said diminished value is confirmed as the result of your improper use of the item(s).
Exclusion or Premature Expiration of the Right of Withdrawal
The right of withdrawal is excluded for contracts concerning the delivery of non-prefabricated products, as well as of items produced according to the Customer’s own choices and specifications and of items that have been adapted to meet the Customer’s requirements.
Annex: Sample Withdrawal Form
In accordance with Annex 2 of Art. 246a Sec. 1 Sentence 1 No. 1 and Sec. 2 Para. 2 No. 2 EGBGB
(if you wish to withdraw from the contract, you can fill in and send us this form)
German eTrade GmbH
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the sale of the following products (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*):
- Name of the Customer(s):
- Address of the Customer(s):
- Signature of Customer(s) (only if sent as hard copy):
(*) Erase or fill in as appropriate
To speed up the processing of your withdrawal procedure, we suggest you contact our support team:
Fax +49 (0)351 89570741
In order to identify the return delivery more efficiently, it is generally best to inform the German eTrade GmbH using the contact details above, before sending the products back.
4. Extended Right of Withdrawal
An extension of the 14-day period on the standard right of withdrawal is not possible.
II. General Terms & Conditions of German eTrade GmbH (August 2020)
The following conditions apply to all orders submitted via the website shop.flgntlt.com. The General Terms & Conditions valid at the time of the order apply.
1. Prices and Shipping & Handling Costs
Our prices include the legally applicable VAT at the time of the order. For international shipping costs to European countries, we suggest you refer to our shipping costs table. In particular cases of cross-border delivery, Customers may have to pay an additional tax (e.g. intra-community acquisition) and/or extra fees (e.g. customs charges). Shipping costs are to be covered by the Customer.
The prices of the items reported in your shopping basket are identical to those shown on the product pages of our website. We charge prices as listed on the website at the time of your order. Prices are updated daily and orders are always placed at the price valid in that particular moment. Please note that we are not bound to honour orders placed at incorrect prices. When an order is placed, neither German eTrade GmbH nor the Customer enter into any contractual agreement.
On our online shop, unavailable products are either marked as “sold-out” or not shown at all. If you have ordered an item erroneously listed as available, you will be notified per e-mail as soon as possible.
German eTrade GmbH only accepts the payment methods that are listed on the webpage(s) related to a specific offer. Customers can choose their preferred option from the available payment methods.
German eTrade GmbH reserves the right to exclude one or more payment methods in specific cases. The availability or activation of any payment methods offered by PayPal Europe (direct debit, credit card, purchase on account) are not subject to the control or influence of German eTrade GmbH. Making a payment by sending cash or cheques by mail is not possible and German eTrade GmbH refuses liability pertaining any losses in such cases. For payments per international bank transfers, bank fees may apply. These are to be covered by the Customer.
Payment is to be completed within 14 days from order confirmation. If no payment has been registered within said deadline, German eTrade GmbH reserves the right to cancel any product reservation after a further 14-day extension period, which will be notified accordingly. This, however, does not apply for orders purchased on account via PayPal Plus. PayPal Europe establishes with the Customer a 30-day deadline for the payment, starting from the day in which the order was placed.
4. Delivery Conditions
Delivery details are available on the product page as well as in the “Shipping Costs and Times” section. All details refer to items which payment can be registered during or immediately after the placement of the order. The ordered items can only be shipped after the full payment has been registered.
The products are sent to the delivery address entered when placing the order. You will be informed per e-mail as soon as your order has shipped. Shipping route and packaging are subject to our choice. Delivery is currently carried out by DHL and FedEx.
The risk of accidental perishing of the ordered products is transferred to the Customer as soon as the items have been submitted to them (Sec. 446 Para. 1 BGB), or in case of delay of the acceptance (Sec. 300 Para. 2 BGB).
5. Acceptance of Goods
Deliveries within Europe are carried out by DHL, worldwide ones by FedEx. If a parcel is damaged, we kindly ask you to report such damage directly to the delivery service staff and have them confirm its nature and extent. Failure to do so will drastically reduce the chances of a successful claim adjustment process with the delivery service company, should one or more items be damaged. You can otherwise refuse to accept your delivery, if its contents are damaged.
Possible rights and claims of the Customer – above all, legal rights of the purchaser in case of any defect found in the object of purchase – remain unaffected by the preceding provisions. For this reason, these provisions do not contain a point of expiration for the rights of the Customer in accordance with No. II 8 of these General Terms and Conditions.
6. Retention of Title
Until payment has been received in full, we retain ownership of all the goods we are to deliver. As to the enforcement of our right to retain title, we are granted the capacity to demand immediate release of the goods subject to our retained title to the exclusion of all withholding rights, unless a counterclaim has been legally determined or is uncontested.
7. Force Majeure
If we are unable to provide the services owed due to force majeure (especially natural disasters), then we are free of our obligations to provide said services for the duration of the hindrance. If the processing of the order cannot be completed, or the items cannot be delivered for a period longer than one month due to force majeure, then you are entitled to withdraw from the contract.
When purchasing goods, you have legal warranty rights concerning the objects of your purchase. In case of defective goods, you are entitled as a Customer to exercise your warranty rights considering the following provisions:
We are not the manufacturer of any of the items we deliver. In case of claims, we will contact the manufacturer on your behalf, in accordance with the German product liability act (ProdHaftG). If you wish to make a complaint, you can do so per e-mail at email@example.com.
In any case, the extent of the warranty offered by German eTrade GmbH is limited to the measures contained in the following paragraphs, as some aspects are generally not covered by said warranty. The presentation of products on our website is intended exclusively as a mere product description.
No warranty applies in case of damage resulting from improper handling or use of the goods by the Customer. The same applies in case of deliberate damage or wear.
If the object of purchase is defective, the Customer has a right to supplementary performance, if and insofar as the requirements of the related legal regulations are met.
In case of supplementary performance, Costumers may choose between rectification or replacement. German eTrade GmbH, however, is entitled to deny the method of supplementary performance chosen by the Costumer, if that method can only be implemented at disproportionate cost and if the other method does not result in any significant disadvantage for the Costumer.
If the Customer is to return a defective item, German eTrade GmbH will cover the costs for the return shipping by providing a return label, or, if previously agreed, by reimbursing the Customer for the shipping costs sustained - these are to be confirmed by sending a copy of the relevant post receipt per e-mail. German eTrade GmbH reserves the right to refuse reimbursing return shipping costs, in case the return label is not used, no receipt confirming the shipping costs is made available, or no agreement has been reached regarding the return shipping.
The deadline period for customer rights in case of defective items is 2 (two) years starting from the delivery date. The validity of said limitation period decades insofar as German eTrade GmbH is liable in accordance with No. II 9 of these General Terms and Conditions, or a third-party right in rem is affected, due to which the release of the delivered item may be requested.
The submission of a notice of defects suffices for the observance of the period.
In accordance with Regulation (EU) No 524/2013, on an interactive website that can be accessed electronically in all official languages of the institutions of the European Union, the European Commission provides a European platform (“ODR-Platform” / URL: https://ec.europa.eu/consumers/odr/) for the resolution of disputes arising from online sales of goods or services between Consumers resident in the European Union and entrepreneurs registered in the European Union. In order to lodge a complaint on the ODR-platform, Consumers have to complete an electronic complaint form. All necessary information to be included when lodging a complaint can be found in the Annex to Regulation (EU) No 524/2013.
In accordance with the legal provisions, German eTrade GmbH is liable without limitation for injury of life, body or health resulting from negligent or deliberate breach of duty, as well as for other damage resulting from grossly negligent or deliberate breach of duty or malicious intent.
Furthermore, German eTrade GmbH is liable without limitation for types of damage mentioned in binding legal regulations, such as the German product liability act (ProdHaftG), or if and insofar as German eTrade has furnished a guarantee for the properties of the item or for the fact that the item retains certain properties for a certain period of time.
German eTrade GmbH is liable if substantial contractual obligations are infringed due to simple or slight negligence resulting in foreseeable damage typical to contract. Said substantial contractual obligations are those which enable the correct execution of the contract and to which a contractual party may expect the contract partner to adhere under normal conditions (cardinal obligations).
In case of violations of contractual obligations due to slight negligence not included in the previous paragraph (insubstantial contractual obligations), German eTrade GmbH is liable to Costumers within the limitations of foreseeable damage typical to contract.
Further liability is excluded, regardless of the legal nature of the claim.
10. Language of the Contract / Storage of the Contract
The language of the contract is German.
The text of the contract will not be stored and can no longer be accessed after the order process has been completed. However, you can print your order details immediately after submitting your order.
11. Final Provisions
The place of fulfilment and jurisdiction for transactions with companies and legal entities is the registered office of German eTrade GmbH. The same provision applies if the Customer is a Company without a general legal venue within Germany, or if their place of residence or permanent dwelling is unknown at the commencement of the action. The capacity to take legal action in a different legal venue remains unaffected. This contract is subject to the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and Private International Law.