§ 1 Scope
The following T&Cs apply to all orders placed via our online shop. The following general terms and conditions apply exclusively to the business relationship between the supplier (hereinafter “supplier”) and the customer (hereinafter “customer”) in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
With your order you make a binding offer to us to conclude a contract with us. We can accept this offer by sending you an order confirmation by e-mail or by delivering the ordered goods. First you will receive a confirmation of the receipt of your order by e-mail to the e-mail address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by email or when the ordered goods are delivered.
When ordering via our online shop, the following provisions also apply:
(1) The customer can select products from the range of the provider and collect them in a so-called shopping cart by clicking on the “Add to shopping cart” button. By clicking on the “Order with obligation to pay” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the “Accept General Terms and Conditions” button and thereby included them in his application.
(2) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgment of receipt only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (confirmation of contract). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided the purchase price has been paid in advance (except for purchases on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it is 5 days.
(2) If no copies of the product selected by the customer are available at the time the customer places the order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website include the applicable statutory sales tax.
(2) The shipping costs for shipping within Germany are listed below and are to be borne by the customer unless the customer makes use of his right of withdrawal.
private customers
below an order value of EUR 100.00 gross – EUR 5.95 gross
From an order value of 100.00 EUR – free shipping
Delivery & shipping in the area of commercial customers
below an order value of EUR 250.00 net – EUR 10.00 net
from an order value of EUR 251.00 net – EUR 6.00 net
from an order value of 350.00 EUR net – free shipping
Deliveries that are sent on pallets due to the order volume are charged at the daily rate of the forwarding agent. Our customers are free to organize the transport themselves via their own forwarding agency. Parcels or pallets always depend on the goods that need to be packed. The supplier is responsible for deciding on the packaging variant! The shipping costs to customers outside of Germany are agreed individually with the customer depending on the country of delivery.
(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.
(4) In the event of a cancellation, the customer must bear the direct costs of the return shipment.
§ 6 Payment modalities
(1) The customer can make the payment from the second order on account (terms of payment 10 days net) or in advance. Payment in advance is only possible for first-time orders and all private label orders. Furthermore, for orders with a net value of €500 or more, payment is only possible in advance, unless a different agreement has been made between the customer and the provider.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider interest on arrears at a rate of 5 percentage points above the base interest rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(2) There is only an additional guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective item.
§ 8 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them
§ 9 cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will inform you below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). In paragraph (3) you will find a model cancellation form.
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Right of withdrawal Company Feele GmbH & Co.KG, owner: Alexandra Gadsch by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period of 14 days has expired. Consequences of revocation (2) The right of cancellation does not apply to contracts for the delivery of possibly “sensitive” goods that lose their value when they are opened/unsealed. (e.g. shower gels, hand creams, body lotions, food, etc.) (3) The provider informs about the model cancellation form according to the legal regulation as follows: Sample cancellation form — I/we (*) hereby revoke the contract concluded by me/us (*) |
§ 10 Notes on data processing
Data protection
The protection and security of personal data is our top priority. Therefore, we strictly adhere to the rules of the German Federal Data Protection Act (BDSG).
This privacy policy gives you information about how we handle information that is collected during your visit to the website:
When you access this website, information of a general nature that cannot be assigned to a specific person is automatically recorded. This information includes, for example, the website from which you are visiting us, the type of web browser, the operating system used, the domain name of your internet service provider, the name of the files retrieved from us, the date and time of the respective retrieval and the like. It is not possible for us to draw conclusions about personal data and this is also not intended. This information is collected anonymously and is used for statistical analysis. They are used exclusively to continuously improve our website in terms of functionality and content and to make it more attractive. Personal user profiles are not created here.
Collection, processing and use of personal data
The collection, processing (thus: storage, modification, transmission, restriction, deletion and destruction) and use of your personal data takes place exclusively in compliance with the applicable data protection regulations. Personal data is information that relates to an individual’s identity, such as B. Name, email address, telephone number.
We only collect, use and pass on personal data if this is permitted by law or if the users consent to the collection of data.
We collect, process and use personal data only for correspondence with you and only for the purpose for which you have made your data available to us, such as to answer your inquiry or to the extent that this is necessary for the justification, content design and processing of your request order or payment is required.
We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment data to the credit institution commissioned with the payment. In addition, your personal data will not be passed on, sold or marketed to third parties unless we are legally obliged to do so or you have given your prior express consent. Insofar as we use the services of third parties to carry out and handle processing, this is done in strict compliance with data protection regulations.
Personal data that you have communicated to us via our website will only be stored until the purpose for which it was entrusted to us has been fulfilled. Insofar as storage obligations under commercial or tax law have to be observed, the duration of the storage of certain data can be up to 10 years.
Your rights
You are entitled to request free information about your stored personal data, its origin and recipient as well as the purpose of the data processing at any time. You also have the right to have this data corrected, blocked or deleted, provided there is no legal obligation to retain it. You can contact the following address at any time if you have any further questions, in particular changes to your personal data:
Company Feele GmbH & Co.KG
Owner: Alexandra Gadsch
Eichweidweg 9a
86438 Kissing
0176 – 24 60 97 69
Alexandra.Gadsch( at )feele.de
Security of your data
Personal data that you have made available to us is protected against loss, destruction, accidental or intentional manipulation and access by unauthorized third parties by taking all technical and organizational security measures. When sending very sensitive data or information, we recommend that you use the postal service, as complete data security cannot be guaranteed by e-mail.
Contact form
If you send us inquiries via the contact form, your details will be stored for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass this data on to third parties without your consent.
Registration function
The data entered during registration will be used for the purpose of using the offer. Users can be informed by email about information relevant to the offer or registration, such as changes to the scope of the offer or technical circumstances. The data collected can be seen from the input mask during registration.
Cookies
We sometimes use so-called “cookies” on our website to make it easier for you to use our website and to make it more effective and secure. Furthermore, these serve to collect statistical data on website use and to be able to analyze this to improve the offer. Cookies are small text files that are only stored temporarily on your computer and stored by your browser for the duration of your visit to our website. Cookies make it possible to store specific, device-related information on the user’s access device.
Most of the cookies we use are so-called “session cookies”, which are automatically deleted after your visit.
Cookies do not retrieve any information about you stored on your hard drive and do not harm your PC and do not contain viruses. You can actively influence the use of cookies. Most browsers offer the option of deleting, preventing or restricting cookies at any time, or of reporting the receipt of cookies. It is therefore up to you to decide to what extent you accept or prevent the use of cookies. However, if you prevent the use of cookies, there may be functional restrictions on the corresponding pages.
Data protection declaration for the use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (Google). Google uses so-called “cookies”, text files that are stored on the user’s computer and that enable an analysis of their use of the website. The information generated by the cookie about the use of this website by users is usually transmitted to a Google server in the USA and stored there.
If IP anonymization is activated on this website, however, the IP address of the user will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.
Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information to evaluate the use of the website by users, to compile reports on website activity and to provide other services related to website and internet use to the website operator.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you can if applicable not use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout
Further information on data use for advertising purposes by Google, setting and objection options can be found here: https://www.google.com/intl/de/policies/privacy/partners/ (“Data use by Google when you use websites or apps of our Partner”), http://www.google.com/policies/technologies/ads / (“Data use for advertising purposes”), www.google.de/settings/ads / (“Manage information that Google uses to show you advertising display”) and www.google.com/ads/preferences/ (“Control which ads Google shows you”).
Collection, processing and use of personal data
Our website contains plugins from the social network Facebook, which is operated by Facebook Inc. (“Facebook”). The respective plugin can be recognized by the Facebook logo or the “Like” button. A complete overview of all Facebook plugins can be found at: https://developers.facebook.com/docs/plugins/page-plugin?locale=de_DE
When you visit our website, the Facebook plugin establishes a direct connection between your Internet browser and the Facebook servers. In this way, Facebook receives information that you have visited our website with your IP address. If you are logged in to Facebook, you can use the “Like” button to link the relevant content on our website to your Facebook profile. This enables Facebook to assign your visit to our website to your Facebook account. We would like to point out that as the provider of our website, we have no knowledge of the content of the data transmitted or how it is used by Facebook. For more information, see Facebook’s privacy policy at: https://www.facebook.com/policy.php
If you are a member of Facebook but do not want Facebook to receive data about you via our website and connect it to your member data, you must log out of Facebook before visiting our website.
No liability for links to third-party websites
Insofar as we refer to or link to the websites of third parties from our Internet offer, we cannot assume any guarantee or liability for the correctness or completeness of the content or the data security of these websites. Since we have no influence on compliance with data protection regulations by third parties, you should check the data protection declarations offered in each case separately.
Change in Privacy Policy
We will update this privacy statement from time to time to protect your personal information. You should review this policy occasionally to stay up to date on how we are protecting your privacy and continually improving the content of our website. If we make material changes in how we collect, use and/or disclose the personal information you have given us, we will provide you with a clear and prominent notice on the website.
§ 11 General
(1) We reserve the right to decide whether to supply customers at reseller conditions if their status as a reseller is not clearly recognizable. The definition of a customer as a “reseller” is the sole responsibility of the provider.
(2) In the interest of an orderly and fair relationship with our customers, we base all business relationships on these General Terms and Conditions. Each time a business relationship is established, these terms and conditions are deemed to have been agreed with us. Deviations are only valid if they have been confirmed by us in writing.
(3) Excluded from the exchange and right of return are: Made-to-measure and custom-made products, items with initials or logos, DVDs, CDs and all opened cosmetics and body care items (if the packaging of these items has been opened or unsealed) and goods which, due to their nature, cannot be are suitable for return. Furthermore, products that have already been priced are excluded from the right of exchange and return.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
§ 13 Severability Clause
(1) The invalidity of one or more provisions of this contract does not affect the validity of the rest of the contract.
(2) The parties are obliged to mutually agree to replace the invalid provision with a provision that comes closest to the economic purpose of this contract. The same applies to any gaps in the contract that may arise.
