Terms and Conditions of Contract
For the conclusion of purchase agreements via our website shop.ftc-cashmere.com
Cashmere World Shop GmbH
Rather Strasse 49c, Rote Halle
Registered in the commercial register of the Düsseldorf Local Court under Commercial Register Section B, No. 72155, represented by its managing director Mr. Thomas Korte, VAT ID No. DE 814442953, email: [email protected]
the Customer referred to in paragraph 1 hereof, whether an entrepreneur or a consumer
I. Scope of application, definition of consumer
1. The following General Terms and Conditions shall be valid in the version effective at the time the order is placed and shall apply exclusively to the entire business relationship between FTC® and the Customer. Commercial terms and conditions contradictory to or deviating from our terms shall not become part of the agreement unless FTC® expressly consents to their applicability.
2. The customer is deemed a consumer, provided the goods and services ordered are not mainly used for purposes related to his commercial or professional freelance activities, Section 13 German Civil Code (BGB). By contrast, according to Section 14 German Civil Code (BGB), entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
II. Conclusion of contract
1. The presentation of goods on FTC®'s website are essentially not offers in the legal sense, but merely invitations to prospective customers to place orders if they so wish (so-called 'Invitation ad offerendum').
2. Due to technical reasons, the goods ordered may within reasonable bounds vary slightly from the display on the internet, notably in the form of minor color differences.
3. The Customer can select goods from the website offering at shop.ftc-cashmere.com and can put the goods in a digital shopping cart by clicking on the "Add to cart" button. By clicking on the "Buy now" button, the Customer makes a binding offer to purchase the goods placed in the shopping cart. Before checkout, the Customer can review and amend the goods in his or her shopping cart at any time.
Upon receipt of a purchase order, the Customer will receive an automatically generated email message confirming receipt of his or her order and summarizing the details of the order. The Customer can print this order confirmation via the "Print" function of his or her email program. This automatic order confirmation only serves to confirm FTC®'s receipt of the purchase order, but does not constitute a declaration of acceptance. A contract will be deemed concluded only on dispatch of a separate declaration of acceptance by email or on dispatch of the goods ordered. The contract text in permanent form will be provided to the Customer either in said declaration of acceptance or together with the delivery of the products ordered.
4. FTC® is entitled to accept the customer’s offer within two (2) working days from the date of receipt of the Customer's purchase order. If the Customer does not receive a declaration of acceptance or a confirmation on the dispatch of the good(s) within two (2) days, the Customer's offer shall be deemed to have been rejected.
5. The decision to accept or reject purchase orders shall, within legally admissible limits, be up to FTC®'s absolute discretion. If FTC® decides to reject a purchase order, it will promptly notify the Customer of that decision.
6. In case of payment via PayPal, a contract will by way of exception to foregoing provisions be deemed concluded on receipt of the Customer's payment order. This also applies to payment via Klarna. In case of payment by credit card, the Customer's credit card account will not be debited until dispatch of the good(s) ordered.
7. In the event of incorrect or improper self-supply by its suppliers, FTC® reserves the right not to perform or to perform only partially. This shall apply only in cases of non-delivery for which FTC® is not responsible and where FTC® has concluded a concrete covering transaction with a supplier with reasonable care. FTC® will use its reasonable best efforts to procure the good(s) ordered. Otherwise the Customer's payment will be refunded immediately. FTC® will notify the Customer immediately on the event the good(s) are unavailable or only partially available.
8. The contract will be concluded in the German language only.
III. Prices and delivery terms
1. All prices quoted on the shop.ftc-cashmere.com website are inclusive of the currently applicable value added tax.
2. Within 1-2 working days of receipt of payment, FTC® will get the goods ordered ready for shipment.
3. The shipping costs for Germany, which are 5 Euros for standard shipping and 15 Euros for express shipping, will be borne by the Customer except where the Customer has exercised his or her right to withdraw from the contract. Normal delivery time is 2-5 working days for standard shipping, 1-2 working days for express shipping. Shipping will be by UPS or DHL, to the address communicated by the Customer. Information about delivery times and shipping costs to other countries can be found here. FTC® will bear the risk of shipping, if the Customer is consumer.
4. In case of withdrawal from the contract the Customer will be charged with the direct cost of returning the goods.
IV. Terms of payment
1. FTC® offers the following payment options: Payment by credit card (Visa, Mastercard, American Express), PayPal (direct debit, credit card or purchase on account), Maestro, prepayment and by Klarna (purchase on account / installment / pay now). Individual payment options may be excluded depending on the country.
2. Payment of the purchase price is due immediately on conclusion of the contract. If a time according to calendar is defined for the payment, the Customer defaults without a reminder if he or she does not pay in due time. In that case he or she shall pay to the seller default interest amounting to 5 percentage points above the base interest rate.
3. In case of non-compliance with the payment term a reminder fee of up to 5 Euros will be due and payable, with the right reserved on the part of the Customer to prove that no, or only limited, loss or damage has been incurred.
4. The Customer’s obligation to compensation for damages resulting from the delay shall not preclude FTC® from asserting further claims for damages.
V. Retention of ownership title
1. The goods supplied shall remain the property of FTC® until complete payment of the purchase price.
VI. Warranty covering flaws and defects
1. FTC® will be liable for material defects in accordance with the statutory provisions. The warranty period for items supplied by FTC® with respect to Customers who are not consumers shall be twelve (12) months.
2. An explicit guarantee for items supplied by FTC® shall be deemed to exist only where expressly confirmed in the order confirmation for the respective item.
VII. Storage of the contract text
There will be no storage of the contract text
VIII. Data privacy protection
In all matters of data privacy protection, reference is made to our Data Privacy Statement which is an integral element of this agreement. The Data Privacy Statement can be found here.
IX. Copyright and related industrial property rights
All copyright or trademark rights to the images, artwork, texts, etc., used are reserved by FTC® or its partners. Any use thereof without the prior express consent of FTC® is prohibited.
X. Exclusion of liability
As a content provider according to Section 7 subsection (1) of the German Telemedia Act (TMG), FTC® is responsible under general law for its "own contents" provided for use on this website at www.shop.ftc-cashmere.com. These general contents are to be distinguished from cross references, so-called links, to contents provided by other suppliers. When FTC® initially establishes a link it checks these third-party contents for evidence of entailing any liability in terms of civil or criminal law. However, it cannot be ruled out that the contents are subsequently changed by the respective providers. FTC® is not engaged, however, in continually monitoring the contents referred to in our offer for changes that might re-establish such liability. If you believe that linked external pages infringe against established law or otherwise contain inappropriate material, please let us know.
The foregoing does not apply, however, in cases where FTC® is responsible for the contents of a third-party website.
XI. Final provisions
1. All contracts made between FTC® and the Customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on restricting the choice of law and on the application of mandatory provisions, notably of the state wherein the Customer, if he or she is a consumer, has his or her habitual residence, shall remain unaffected.
2. If the Customer is a business entity, a body corporate organized under public law, or a special fund under public law, the place of venue for all disputes arising from the contractual relationship between the Customer and FTC® shall be the court having jurisdiction for FTC®’s registered place of business. FTC® will in all of these be entitled to bring legal action against the Customer at his or her general place of venue.
3. The contract shall remain binding even in the event of invalidity in law of individual items of its provisions. The ineffective contractual provisions shall be superseded by the respective statutory provisions. The contract as a whole will be ineffective, however, if the continued adherence to the contract would constitute unreasonable hardship for one of the parties to the contract.