Terms of Service

Conditions

Terms of Service

(The following terms and conditions also contain legal information on your rights in electronic commerce and mandatory information for consumers)

  • 1 Definitions
  • 2 Scope of the General Terms and Conditions for Entrepreneurs
  • 3 Retention of Title
  • 4 Warranty
  • 5 damage in transit
  • 6 Applicable Law
  • 7 Jurisdiction
  • 8 Consumer and Electronic Commerce Information
  1. contract language
  2. Conclusion of the contract and technical steps leading to the conclusion of the contract
  3. Correction of input errors before sending the order
  4. Storage of the contract text
  5. Payment Details
  6. Delivery Details
  7. prices and shipping costs
  8. Customs and import fees for deliveries to third countries (e.g. Switzerland, USA)
  9. Information about warranty conditions and guarantees
  10. Right of Withdrawal
  11. Essential characteristics of the goods or services
  12. Identity and address of the seller
  13. Online dispute resolution (OS platform)
  14. Arbitration according to the Consumer Dispute Settlement Act (VSBG)

Notes according to BatterieG

 

  • 1 Definitions

 

(1) If special rights and obligations are agreed in these terms and conditions only for consumers according to § 13 BGB or only for entrepreneurs according to § 14 BGB, the following definitions apply:

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

(3) An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.

 

  • 2 Scope of the General Terms and Conditions for Entrepreneurs

 

(1) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 (3) of the General Terms and Conditions), these General Terms and Conditions apply exclusively. The general terms and conditions of the buyer only apply insofar as the seller has expressly agreed to them in writing before the respective contract is concluded.

(2) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 (3) of the General Terms and Conditions), these General Terms and Conditions also apply to all future transactions between the contracting parties.

 

  • 3 Retention of Title

 

 

The ordered goods remain the property of the seller until full payment has been made. Prior to the transfer of ownership, pledging, transfer of ownership, processing or transformation is not permitted without the express consent of the seller.

 

  • 4 Warranty

  • (1) If the buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1 (2) of the General Terms and Conditions), he is entitled to statutory warranty rights. The warranty period is 24 months from delivery of the item to the buyer.
  • (2) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 (3) of the General Terms and Conditions), the warranty period for new items is one year from delivery of the item. No guarantee is given to an entrepreneur for used items. Claims for damages are excluded from this. These are based on the legal regulations.
  • (3) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 (3) of the General Terms and Conditions), he is only entitled to warranty claims due to existing transport damage if he has complied with his obligation to inspect and report in accordance with Section 5 (4) of these General Terms and Conditions.

 

  • 5 damage in transit

  • (1) If the buyer is a consumer (see § 1 paragraph 2 of the General Terms and Conditions), we ask that you complain to the freight service about goods with obvious damage to the packaging or the contents or refuse to accept them. In this case, we also ask the buyer to contact us immediately by e-mail, fax or post.
  • (2) If hidden defects are discovered, we also ask for immediate notification.
  • (3) A shortening of warranty rights, rights of cancellation and limitation periods is not associated with the above regulations.
  • (4) If the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (see Section 1 (3) of the General Terms and Conditions), he must inspect the goods for transport damage immediately upon receipt. Any transport damage that can be determined must be reported to the seller immediately in writing. The buyer must have packaging damage confirmed in writing by the transport company upon acceptance of the goods. If such a defect appears later, the notification must be made immediately after discovery.

  • 6 Applicable Law

 

All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany with the exception of its conflict of law provisions. This choice of law applies to consumers (see Section 1 (2) of the General Terms and Conditions) only insofar as mandatory provisions of the law of the state in which the consumer has his habitual residence do not conflict with the provisions of these General Terms and Conditions. The validity of UN purchasing law is excluded.

 

  • 7 Jurisdiction

For disputes arising from or in connection with the delivery of the goods and/or these General Terms and Conditions, the courts at the seller's registered office shall have exclusive jurisdiction, provided the customer is a merchant or the customer is a legal entity under public law or a special fund under public law or the customer does not have a permanent residence in Germany, the customer has relocated his residence or usual place of residence abroad after these General Terms and Conditions have come into effect, or if the customer's residence or usual place of residence is not known at the time the action is filed.

  • 8 Consumer and Electronic Commerce Information

 

  1. contract language

 

The contract language is German. These terms and conditions are available in German only.

 

  1. Conclusion of the contract and technical steps leading to the conclusion of the contract

 

  1. a) The product presentations in the online shop are not binding offers from the seller but merely represent a request from the seller to the buyer to submit a purchase offer to the seller themselves.
  2. b) If the buyer puts a product in the shopping cart, he goes through an ordering process in the seller's online shop before submitting a binding offer. Here the buyer must select his billing and delivery address, his desired payment method and the shipping method. Only when the online order is sent by clicking on the binding order button "Order with obligation to pay" does the buyer make a binding offer for the ordered goods at the price specified in the order overview.
  3. c) If the buyer selects "purchase on account" or "cash on delivery" as the payment method in the ordering process, the buyer's offer is accepted by sending an order confirmation by email within 3 working days after the buyer's order has been sent by the seller. If the buyer does not receive an order confirmation from the seller within this period, the buyer's offer is deemed to have been rejected and the contract is not concluded. In this case, the buyer is no longer bound to his offer.
  4. d) If the buyer selects "payment in advance" or "bank transfer" as the payment method in the order process, the buyer's offer will be accepted at the time the payment order to the bank is confirmed. The contract with the seller comes into effect when the buyer confirms the payment order to his bank.
  5. e) If the buyer selects "Paypal" as the payment method during the ordering process, the buyer's offer will be accepted at the time the payment order to PayPal is confirmed. With the confirmation of the payment instruction to PayPal by the buyer, the contract with the seller is concluded.
  6. f) If the buyer selects "credit card" as the payment method during the ordering process, the buyer's offer will be accepted at the time the credit card is charged, which takes place immediately after the buyer has sent the credit card data. The contract with the seller comes into effect when the credit card is charged.
  7. g) If the buyer selects “direct debit” as the payment method during the ordering process, the buyer’s offer will be accepted at the time the account is debited, which takes place immediately after the buyer has sent the account details. The contract with the seller comes into effect when the buyer's account is debited.
  8. h) If the buyer selects "Sofortüberweisung" as the payment method during the ordering process, the contract is concluded at the time the buyer confirms the payment order to SOFORT GmbH.
  9. i) The buyer can also request a non-binding offer from the seller by telephone, fax or e-mail. In this case, the seller will send the buyer a binding offer including the required mandatory information within 7 working days after making a telephone inquiry or sending the inquiry by fax/e-mail or letter, whereby the buyer must receive the offer to meet the deadline arrives The buyer can then accept the seller's offer within 7 working days after receipt of the offer by telephone, fax, e-mail or letter, whereby it is sufficient to meet the deadline that the buyer sends the fax, e-mail or letter within the deadline or accept the seller's offer by telephone within the deadline. If the buyer does not accept the seller's offer by telephone within the aforementioned period or does not send his declaration of acceptance by e-mail, fax or letter within the period, the seller's offer is deemed to have been rejected and the contract is not concluded. In this case, the seller is no longer bound to his offer.

  1. Correction of input errors before sending the order

 

You can check your order on a separate page before it is finally dispatched. You can then correct input errors by clicking the "Back" button in your Internet browser on the previous page or using a corresponding correction function in the Internet shop during the ordering process.

  1. Storage of the contract text

The order data, the terms and conditions and the cancellation policy are sent to the buyer with the order confirmation from the seller by e-mail in text form. In addition, the text of the contract is stored on the seller's internal systems and sent to the buyer again by email on request.

 

  1. Payment Details

 

  1. a) The purchase price is paid using the payment options offered during the ordering process.
  2. b) Installment payments require prior agreement/agreement with the seller.
  3. c) In the event of default in payment, the seller is entitled to withdraw from the contract after a reasonable period of time for performance.

 

  1. Delivery Details

  1. a) Unless otherwise agreed before the conclusion of the contract, the goods are always delivered by sending the goods to the address provided by the buyer within Germany or to the countries that can be selected during the ordering process. Shipments to other countries are excluded.
  2. b) The maximum delivery times and any existing delivery restrictions can be found under a correspondingly marked link in our online shop.
  3. c) Due to circumstances for which the seller is not responsible, such as force majeure, operational disruptions, etc., the delivery of the goods may be delayed. The seller will immediately notify the buyer about this. The rights of the buyer remain unaffected by this; in particular, the buyer is entitled to withdraw from the contract after setting a reasonable grace period.
  4. d) If delivery is impossible for reasons for which the seller is not responsible, the right to delivery is excluded. In the event that the service cannot be performed, the seller undertakes to inform the buyer immediately of the impediments to performance and to immediately refund any payments already made.
  5. e) Regardless of transport insurance, the seller bears the risk of loss or damage to the goods during transport if the buyer is a consumer within the meaning of Section 13 of the German Civil Code (see Section 1 (2) of the General Terms and Conditions).
  6. f) The seller is free to choose the transport company.

 

  1. prices and shipping costs

 

  1. a) The prices stated in the respective offers include the statutory VAT and other price components (total price) plus the shipping costs shown separately. Deliveries to countries outside the European Union (third countries) may incur additional customs duties or taxes as soon as the purchased goods have reached the third country (see Section 8 of these General Terms and Conditions below).
  2. b) If the item sold is subject to differential taxation (used goods), the sales prices include the sales tax to be paid by the seller in accordance with § 25 a UStG and plus the separately shown shipping costs. In case of differential taxation, VAT is not applicable.

  1. Customs and import fees for deliveries to countries outside the EU

We would like to point out that deliveries to countries outside the European Union (third countries) may incur additional customs duties or taxes as soon as the purchased goods have reached the third country. These additional customs duties or taxes are the responsibility of the buyer. Seller has no control over these charges and cannot predict their amount as customs regulations vary significantly from country to country. In the case of a delivery to a third country, we recommend that the buyer inquire about possible customs duties or local taxes at the customs office responsible for the third country.

 

  1. Information about warranty conditions and guarantees

 

  1. a) Information about the warranty conditions can be found in § 4 of the General Terms and Conditions.
  2. b) If the seller grants an additional voluntary guarantee, the statutory warranty rights of the buyer are not restricted by this. Rather, the guarantee applies in addition to the statutory warranty rights, whereby the content of the guarantee and all essential information required for its assertion against the seller can be found in the respective guarantee declaration.

 

  1. Right of Withdrawal

 

If you conclude a legal transaction for a purpose that cannot be attributed to your commercial or self-employed professional activity (consumer within the meaning of § 13 BGB), you are entitled to a right of withdrawal. The details of the right of withdrawal can be found in the seller's separate cancellation policy.

  1. Essential characteristics of the goods or services

 

The essential characteristics of the goods or services can be found in the seller's offers.

 

  1. Identity and address of the seller

Our identity and our summonable address are:

Falcony Global Ltd

Georgstrasse 38

30159 Hanover

Managing Director: Omer Koeroglu

  1. Online dispute resolution (OS platform)

 

The EU Commission provides an online platform for dispute resolution (OS platform) with online retailers. The OS platform is intended to be used for the out-of-court settlement of disputes about contractual obligations arising from online sales contracts. This OS platform can be reached via the following link: http://ec.europa.eu/consumers/odr/

 

14.Dispute settlement according to the Consumer Dispute Settlement Act (VSBG)

We are not obliged and not willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

Status of these GTC: 20.10.2020