General Online Terms and Conditions of Felde Vertrieb GmbH 1. General provisions and contractual partners
1.1 The MÁ Online Shop is operated by Felde Vertrieb GmbH, Holstentwiete 17, 22763 Hamburg, a company entered into the register of companies with Hamburg’s district court under HRB 152637, managing director: Ulrik Schiötz.
1.2 All agreements made via the MÁ Online Shop are governed exclusively by these General Terms and Conditions (hereinafter General Terms and Conditions) of Felde Vertrieb GmbH (hereinafter MÁ), as amended as of the time of execution. A current version hereof may be viewed at any time under the keyword “AGB” [general terms and conditions]. Throughout the ordering process, the customer has the option to view, print and save the General Terms and Conditions. By using the MÁ Online Shop and/or finalizing the order, the customer accepts the General Terms and Conditions.
1.3 We hereby object to any deviating or supplementary terms on the customer’s side; such terms are neither recognized nor incorporated herein unless we specifically agreed to the customer’s deviating terms in writing.
1.4 The goods available in the MÁ Online Shop are geared exclusively to consumers who are of age. According to the pertinent legal provisions (§ 13 of the German Civil Code (BGB), a consumer is any individual entering into a legal transaction for purposes mostly connected to neither their commercial nor independent professional activities. Goods are only sold in quantities common to the trade.
2. Offers and closings
2.1 The languages available for closings are German and English.
2.2 The manner in which products in the MÁ Online Shop are represented does not amount to a legally binding offer; instead, it is merely a non-binding online catalog calling on customers to make an offer for entering into a purchase agreement for the goods so presented. MÁ notes that the colors of the product images found in the online shop may deviate from the actual colors of goods supplied due to the screen settings on customers’ computers.
2.3 In the MÁ Online Shop, customers may choose all available goods displayed and add them to the shopping cart in the desired size and number. After customers have added goods to their personal shopping carts, they may review the accuracy of their orders as well as make changes to and remove goods at any time.
2.5 Once customers have submitted an offer to purchase, they receive an order confirmation by email, which is how MÁ informs them that the order was properly transmitted. However, this does not yet constitute its acceptance of the offer, and no closing is effected thereby. Instead, save for cases of advance payments, a purchase agreement does not come into force until MÁ follows up the order with another email to the customer, in which it confirms the goods’ shipment, or simply ships the goods. Such shipping confirmation or shipment denotes the effective execution of the purchase agreement. In cases of advance payment, the agreement takes effect upon the customer’s receipt of our invoice by email.
2.6 In the event that the customer’s order encompasses several articles, the purchase agreement comes into force only with respect to the goods specifically included with or listed in the shipping confirmation, to the exclusion of any other products. This may also concern goods that, while formerly listed and available in the MÁ Online Shop, cannot be shipped at the time of the order.
2.7 Whether an order is accepted is a decision MÁ makes in its sole discretion. Insofar as MÁ cannot fill an online order, the customer immediately receives an email message to that effect, provided that the email contact information provided by the customer is correct.
3. Availability, delivery and shipment
3.1 All shipments are handled by DHL.
3.2 Unless otherwise agreed, shipments are made to the delivery address provided by the customer in accordance with the provisions within one to five business days, depending on the Destination country. If the customer orders several products as part of a single order, and the products are subject to different delivery periods, the goods are bundled in the same shipment unless otherwise agreed. In this case, the shipment is subject to the longest delivery period that applies to any of the products comprising the order.
The delivery period for the shipment commences on the day following the submission of the payment order to the transferring credit institution in cases of advance payments, and for other modes of payment on the day following the closing; the delivery period ends upon the lapse of its last day. If the last day of the period coincides with a Sunday or a general state holiday observed at the place of delivery, the next business day takes the place thereof.
3.3 Costs resulting from a wrong address may be passed on to the customer, and MÁ bears no liability for possible delays or other disadvantages accruing to the customer on account of wrong addresses.
3.4 MÁ is entitled to effect partial delivery. The customer will not incur shipping costs for any partial or subsequent delivery.
4. Rates, payments
4.1 The rates provided at the time of the order apply. Any and all rates are inclusive of statutory VAT. Shipping costs are calculated separately.
4.2 The customer bears any and all costs incurred additionally, such as import sales tax or duties. All payments as well as credits are processed and applied in the currency underlying the purchase.
4.3 The MÁ Online Shop accepts payment by the following means:
• credit cards (VISA, MasterCard)
4.3.1 Credit cards
Using this type of payment, the amount in question is “reserved” on the customer’s credit card at the time of the online purchase. The credit card is then debited concurrently with the creation of the shipment confirmation by email. MÁ will credit the customer’s credit-card account with any claim for a refund within 14 days.
Using this type of payment, customers are transferred to the PayPal page after they click to confirm. Once payment has been transacted via their PayPal accounts, they are asked to complete the purchase in the online shop. Customers receive separate confirmation emails from the online shop and PayPal. MÁ will credit the customer’s PayPal account with any claim for a refund.
4.3.3 Bank transfer (instant transfer and iDeal)
When selecting bank transfer (instant transfer and iDeal), and after confirming, customers are transferred to the Internet page of their bank. This requires that the customer is registered for online banking with his or her bank. To transact the payment, customers need their own PIN and TAN numbers. Once payment has been transacted, they are asked to complete the purchase in the online shop. Customers then receive a confirmation email from the online shop. MÁ will credit the customer’s bank account with any claim for a refund.
4.3.4. General discount regulation:
1. Discount codes can unfortunately not be considered afterwards.
2. Discount codes are not applicable to discounted items.
4.4 MÁ reserves the right to exclude certain modes of payment on a case-by-case basis – especially in the interest of minimizing the credit risk.
5. Shipping costs
Orders placed in the MÁ Online Shop entail shipping costs, which are borne by the customer. The amount of shipping costs so incurred depends on the destination country and is set forth in the below table. Shipping costs are displayed and invoiced as part of the order.
Free shipping within Germany starting at order value of 80 €.
Free shipping within EU starting at a order value of 150 €.
For orders that do not meet these values the following shipping costs apply:
Germany (DHL Standard)
4,50 €, delivery within 1-5 working days
European countries (DHL Standard) Zone 1 - Luxembourg, Netherlands, Austria, Poland, Czech Republic, Denmark, France, Sweden, Belgium
10,00 €, delivery within 2-5 working days
European countries (DHL Standard) Zone 2 - Hungary, Slovakia, Slovenia, Spain, Estonia, Latvia, Lithuania, Bulgaria, Greece, Croatia, Ireland, Portugal, Finland, Norway, Switzerland, Andorra, San Marino, Vatican city, Cyprus
15,00 €, delivery within 2-5 working days
For all other countries please feel free to contact us at email@example.com
6. Right of revocation and cancellation policy
6.1 If the customer has placed an order as a consumer, he or she has a statutory right of revocation. In accordance with applicable law, MÁ advises customers as follows:
You are entitled to rescind this contract within fourteen (14) days without the need to state a reason. The revocation period equals 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you must notify us of your decision to revoke this agreement by means of an unequivocal declaration (e.g., by letter, facsimile or email) addressed to:
Felde Vertrieb GmbH
Tel.: +49 (0)40 60 77 96 20 (free of charge in any network)
You may use the attached sample declaration of revocation but are not obligated to do so. To meet the applicable deadline for revocation, it suffices for you to dispatch the notice concerning your exercise of the right of revocation prior to the lapse of the revocation period.
Consequences of revocation
If you revoke this agreement, we must refund to you all payments we have received from you, including shipment costs (save for additional costs associated with your choice of a shipment method other than the most affordable standard shipment method we proposed), without undue delay but in any case within 14 days from the day on which we received your notice concerning the rescission of the agreement in question. Such refund is effected using the same type of payment you used in the original transaction unless specifically agreed otherwise; under no circumstances will you be charged for fees on the basis of such refund. We may refuse to provide a refund until the goods were returned to us or you have furnished evidence to the effect that the goods were sent back, whichever occurs sooner. You must return or deliver the goods to us promptly but in any case within 14 days from the date on which you notify us of the rescission of the agreement in question, and such deadline is deemed to have been met so long as you dispatch the goods within the 14-day period. We bear the cost of return shipment, and you must pay for any loss in value of the goods only if and to the extent that such loss is the result of the goods having been handled to a degree not justified by the need to check condition, quality and functionality.
Sample Declaration of Revocation
Felde Vertrieb GmbH
Tel.: +49 (0)40 60 77 96 20
I/we* hereby rescind the agreement into which we entered for the purchase of the following goods* / the performance of the following service*
Ordered on* / received on*
Name(s) of consumer(s)
Address(es) of consumer(s)
Signature(s) of consumer(s) (only if communicated on paper)
*Mark as appropriate
6.2 In deviation from the pertinent legal provision, we regard returns of goods within the revocation period as a declaration of revocation even if they are not accompanied by a notice to that effect, and the aforementioned consequences of revocation will arise accordingly.
6.3 Free returns within Germany are transacted by the carrier that delivered the package. For this purpose, the consignment note can be requested at firstname.lastname@example.org. The customer is obligated to effect the goods’ return from the destination country to which they were delivered. Returns outside of Germany will be charged with the forwarding costs of the package.
7. Retention of title, set-off, right of retention
7.1 Until the goods are fully paid for, they remain the property of MÁ.
7.2 The customer has a right of set-off only with respect to counter-claims that have been effectively established, are undisputed or have been recognized by MÁ.
7.3 The customer may exercise a right of retention only if and to the extent that his or her claims against MÁ and such claims as MÁ may hold against the customer stem from the same contractual relationship.
All deliveries as well as defects found on goods purchased are subject to statutory warranty rights. The limitation period for statutory warranty rights equals two (2) years and commences upon the goods’ delivery.
Please note the washing instructions, which you can find on the labels of the products. Normal wear and tear of the goods do not justify any warranty claim, care instructions have to be followed properly, or changes are made to the products.
The right to subsequent performance as well as the right to withdraw from the contract or to reduce the purchase price shall accrue to the customer to the extent permitted by law. If the subsequent performance fails, the customer has the right under the law to reduce his choice or to withdraw from the contract. We are entitled to a total of two repair attempts. If a kind of supplementary performance is only possible with disproportionate costs, your claim is limited to the other type of supplementary performance.
We assume no liability for damages and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorized service partner.
Minor deviations in terms of color, design and shape shall not constitute a defect insofar as the delivered goods correspond in quality and price to the ordered goods.
10. Choice of law and legal venue
10.1 All disputes arising from or in connection with the purchase agreement are exclusively subject to German law, to the exclusion of CISG. If the customer is a consumer, the laws of the Federal Republic of Germany apply only to the extent that they are not opposed by prevailing legal provisions, including but not limited to consumer-protection regulations.
10.2 Customers that are businesses or lack a general jurisdiction in Germany agree that Hamburg will serve as the legal venue for any and all disputes arising from the agreements entered into with MÁ.
10.3 We are neither obligated nor willing to participate in arbitration proceedings before a consumer conciliation board.