Conditions of Use
General Terms and Conditions
1. General
All services provided by the online shop for the customer are based exclusively on the following General Terms and Conditions in the version valid at the time the contract is concluded. Deviating regulations are only valid if they have been individually agreed between the online shop and the customer.
2. Conclusion of the contract
2.1 The offers of the online shop on the Internet represent a non-binding invitation to the customer to order goods in the online shop.
2.2 By ordering the desired goods on the Internet, the customer makes a binding offer to conclude a purchase contract.
2.3 The online shop confirms receipt of the order immediately, at the latest 3 days after receipt of the order. The order confirmation as well as the receipt of an order by telephone do not yet constitute a legal transaction on our part. We only accept the offer when we dispatch the goods to you. You will receive NOTE: see dispatch time in §4, a written dispatch confirmation by email within 5 days. However, the customer is bound to his offer for a maximum of 30 days.
2.4 The online shop is available in German. The offer in the online shop is aimed exclusively at adults, natural persons, as well as legal persons and commercial companies. The specification of an order requires a customer registration.
2.5 All of the listed offers of goods are - with regard to the price information - non-binding and merely represent non-binding requests for the customer to submit an offer to buy.
2.6 The selected goods are collected in the shopping cart. After entering the customer data and providing the payment and shipping information, you submit a binding offer to purchase the items in the shopping cart by clicking on the “Order now” button. Before submitting the binding order, you have the opportunity to check the accuracy of the information and, if necessary, to correct it. As a rule, we confirm receipt of the order immediately after sending the order by an automatic confirmation email, but no later than 3 days after receipt of any technical problems that may arise. However, this e-mail does not yet represent a binding acceptance of the offer, it only serves to provide you with information about the technically flawless transmission of the order.
2.7 A binding contract is only concluded when the goods are dispatched. You will be informed about the dispatch with another dispatch confirmation e-mail.
2.8 The buyer is generally obliged to pay in advance. Unless the buyer and seller agree otherwise, the purchase price is due immediately. The goods ordered will only be delivered after the full amount has been credited to our account.
2.9 The contract text is not saved with the order.
2.10 The subject of the contract is the goods ordered by the customer. With regard to the quality, the offer description applies; otherwise, Section 434, Paragraph 1, Clause 3 of the German Civil Code (BGB) applies.
3. Revocation instruction right of
revocation
You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must
send us an email: info@fliesana.com, fliesana eK
Eichkamp 15
24217 Schönberg
Germany, by means of a clear declaration (
e.g.
a letter sent by post or an email) of your decision to withdraw from this contract , inform. You can use the attached cancellation
form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient to send the notification of the exercise of the right of cancellation before the cancellation period has expired. Only the complete order can be revoked. We do not take back individual tiles.
Consequences of the withdrawal
If you withdraw from this contract, we will only have to reimburse you for all payments if the goods arrive in perfect, resalable condition and undamaged. The costs of the return as well as the liability or regulation of any transport damage caused by the shipping company and their handling are expressly with the buyer and not the seller. Any damage to the packaging or the goods that is detected is immediately documented and photographed by us and transmitted to the customer. In the case of defective goods (return), we will not reimburse the payment made.
If the goods arrive undamaged (return), we will reimburse the payment within 14 days. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. However, we reserve the right to invoice the customer for the costs incurred for repackaging or repackaging the goods (return).
You have to send back or hand over the goods immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired.
You bear the direct costs of returning the goods as well as the associated liability in the event of loss of or damage to the returned goods. In this case, the settlement of the claims is settled by the sender of the return (customer) with the shipping
company.
4. Delivery
4.1 All articles are delivered immediately, if available from stock or after completion. Delivery takes place both within Germany and in EU countries.
4.2 Unless otherwise stated in the offer, the delivery time within Germany is a maximum of 3 - 10 working days. The delivery takes place at the latest within 3 - 10 working days (Monday - Friday, excluding public holidays) after receipt of the payment or credit to our account.
Unless otherwise specified in the offer, the delivery time for deliveries abroad is a maximum of 15 working days. The delivery takes place at the latest within 15 working days (Monday - Friday, excluding public holidays) after receipt of payment or credit to our account.
4.3 If an article is not available at short notice, we will inform you by email about the expected delivery time, provided you have an email address.
4.4 If the goods have been damaged by the delivery service, refuse acceptance and send us a photo for the insurance claim. You will then receive a replacement delivery from us in the shortest possible time. If the goods are accepted with damages, we have no more possibility to claim the transport insurance.
Your statutory rights are unaffected.
5. Packing and shipping costs
5.1 We offer the following types of shipping : DHL, DHL Freight as well as collection by the customer at our branch.
5.2 For delivery within Germany and packaging costs, we calculate according to the price specified in the offer. The shipping costs are shown and communicated separately for each order. The shipping costs are calculated from the weight of the ordered goods (for
deliveries abroad, we also calculate the shipping costs and packaging costs based on the weight of the ordered goods. 5.3 Free shipping is not offered, but can be negotiated with the seller if necessary.
6. Payment , Retention of title
6.1 All prices quoted are gross prices in euros, which include the statutory value added tax of currently 19%. The prices valid on the day of the order apply.
6.2 The following payment methods are possible for delivery within Germany: Payment by PayPal / payment in advance. The customer is obliged to pay the purchase price by bank transfer to our account. If you pay in advance, you will receive an email from us with the exact invoice details. It is therefore essential that you enter your email address and / or telephone number in the order form so that we can contact you. When making the transfer, please state your name and the order number or invoice number as the purpose of payment so that we can assign your incoming payment to the order.
For deliveries abroad, payment is made by PayPal or prepayment by bank transfer.
6.3 The delivered goods remain our property until they have been paid for in full. (Reservation of title according to §§ 158, 449 BGB). The customer must inform us immediately of any foreclosure measures taken by third parties against the goods subject to retention of title, handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Regardless of this, the customer must inform the third party in advance of the existing rights to the goods.
7. Warranty
If the supplementary performance has been carried out by means of a replacement delivery, the goods delivered first will be picked up within 30 days by a shipping company commissioned by us. The seller bears the costs for this.
8. Liability for defects
Information on liability for defects: The statutory liability for defects applies.
9. Data protection
Our data protection declaration is available at www.fliesana.com .
The data transmitted by the customer will only be used by the online shop to process orders and will be treated with strict confidentiality.
The data will only be passed on to third parties (e.g. shipping services) if this is necessary for order processing. The order data is encrypted and transmitted securely, but the online shop assumes no liability for data security during this transmission over the Internet (e.g. due to technical errors by the provider) or for any criminal access by third parties to data on the Internet presence.
10. Copyright
The content and works on these pages created by the website operator are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular, the content of third parties is marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you notify us accordingly. If we become aware of legal violations, we will remove such content immediately.
11. Other
The EU Commission has set up a platform (the so-called OS platform) to settle disputes in online trade between consumers and retailers. You can access this platform and further information under the following link: http://ec.europa.eu/consumers/odr
12. Contents and links on our pages
12.1 The content of our website was created with the greatest possible care. However, we cannot accept any liability for the correctness, completeness and topicality of the content. According to § 7 Abs. 1 TMG we are responsible for our own content on these pages according to the general laws. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which we become aware of a specific legal violation.As soon as we become aware of such legal violations, we will remove this content immediately.
Our offer contains links to external third-party websites over whose content we have no influence. We cannot therefore accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages.
The linked pages were checked for possible legal violations at the time they were linked. Illegal content was not recognizable at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of a violation of the law. As soon as we become aware of legal violations, we will remove such links immediately.
13. Final provisions
The validity of the UN sales law is excluded, german law applies. With an order, the general terms and conditions of the online shop are accepted.
The place of jurisdiction of our place of business is exclusively valid for all disputes arising from this contract.