Conditions
General Terms and Conditions of Fetzer Marketing GmbH
Last update: 4th May 2021
§ 1 Scope of Application
(1) These general terms and conditions apply for all business arrangements between Fetzer Marketing GmbH and its customers in the version that is valid at the date of purchase.
(2) Opposing or diverging terms and conditions will only be acknowledged if they are agreed upon in written communication with a specific customer.
§ 2 Conclusion of contract and availability of goods
(1) An order at Fetzer Marketing GmbH constitutes an offer of purchase made by the customer, who will receive confirmation of said offer via e-mail. Possible mistakes in the assortment of goods will be answered by Fetzer Marketing GmbH with a possible counter-offer.
(2) A contract with Fetzer Marketing GmbH is formed, if Fetzer Marketing GmbH accepts the offer of the customer and ships the purchased goods to said customer. The contract will only be accepted by Fetzer Marketing GmbH if the ordered goods are available.
If Fetzer Marketing GmbH cannot accept a contract, the customer will be informed immediately.
(1) All prices, which are indicated on the website of the provider, are including the currently valid value added tax and other price components. In the case of cross-border delivery, additional taxes (in particular for deliveries to third countries) and / or duties (for example customs duties) may be payed by the buyer directly to the relevant customs or tax authorities and not to Fetzer Marketing GmbH
(2) You can find our delivery costs under the menu item Shipping and Payment
(3) Default of acceptance or culpably violates:
If the customer is in default of acceptance or culpably violates other obligations to cooperate (eg giving false / missing address details, etc.), which preclude delivery of the order, we reserve the right to reimburse us for the damage incurred, including any additional expenses incurred by the customer desire. Fetzer Marketing GmbH will inform the customer about the costs incurred by e-mail. A renewed dispatch takes place subject to a right of retention only after receipt of payment of these costs
(4) General Information:
The shipping charges will be determined by the value of the items in the shopping cart of the customer at the time of the purchase. If shipping costs arise after payment has been made, but before the delivery of the items, because the value of the order sinks below the margin for free shipping due to the cancellation of one or several articles, the customer will be billed for the additional shipping costs. lf Fetzer Marketing GmbH cancels the order of an item due reasons other than the request of the customer, no additional shipping costs will arise.
§ 4 Methods of Payment, Reservation of ownership
(1) PayPal
You can pay conveniently and safely via your PayPal account, the goods will be shipped immediately after payment has been received.
(2) SEPA Core Direct Debit
You allow Fetzer Marketing GmbH as well as our payment service provider to collect the total amount of your order, including the shipping costs, directly from the bank account listed during the placement of the order. The amount will be collected 3 days after the order has been received. The customer is under the obligation to provide sufficient funds on said bank account, the costs for a chargeback due to insufficient funds on the bank account will be billed
(3) Credit Card
You can also choose payment by credit card. Simply select “Credit card” under “Payment method”. We accept Visa, Master Card, American Express, Discover, Diners Club and JCB for credit card payments. The collection takes place via Stripe Inc. In addition to the credit card company, the card number and the period of validity, we need the check digit of your credit card. The check digit is a 3-digit number on the back of your credit card, which guarantees payment security on the Internet.
(4) Google Pay
You can also pay with us using the Google Pay payment method.
(5) Prepayment (only possible for orders by telephone or in writing)
Our bank account details are:
Fetzer Marketing GmbH
Volksbank Welzheim | Account: 20959001 | Bank code: 61391410
BIC: GENODES1WEL | IBAN: DE32 6139 1410 0020 9590 01
Please quote the order number or the invoice number for all payments!
(6) Your first Order
We reserve the right to refuse the option of payment via PayPal, credit card or prepayment at your first order or in special cases.
(7) Customers from outside the EU
Customers from outside the EU will not be able to pay via SEPA Core Direct Debit. We recommend credit card instead.
(8) Reservation of Ownership
The goods remain our property until full payment.
§ 5 Delivery
(1) The goods will be delivered from our distribution center to the delivery adress you have stated in your order, unless otherwise specified.
(2) We are authorized to make partial deliveries.
(3) Information on the expected date of delivery is non-binding, unless Fetzer Marketing GmbH has specifically guaranteed a date of delivery.
(4) The delivery of goods outside of Germany can be subject to export restrictions and import charges which the customer shall have to bear. They vary according to the customs territory. The customer is responsible for the correct payment of duties and charges.
§ 6 Cancellation Right
The cancellation right only applies for consumers as stated in §13 BGB {German Civil Code):
A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
Cancellation Policy, Cancellation right
You have the right to cancel this contract within 14 days, without the mention of any reasons. The cancellation period amounts to 14 days from the day on which you, or a third party specified by you who is not a carrier, received the goods, respectively the last part of the delivery. In order to exert your cancellation right you will have to inform us of your decision to cancel this contract through a clear declaration (via a letter sent by post,a fax or an email to Fetzer Marketing GmbH, Lindenstraße 30, 73667 Kaisersbach, Telefax: 07184/2938844, email: info@fetzer-buechershop.com). You can also use the-cancellation form, which is attached to your order confirmation. lt is enough to send the Message, informing us of your cancellation, within said 14-day-period in order to meet the deadline.
Consequences of Cancellation
lf you cancel this contract, we will refund all payrnents for the purchased goods, that we have received, immediately and not later than 14 days after we have received your cancellation of this contract. We will use the same method of payment for the refund, that has been used in the original contract, unless a different method of payment has been specifically agreed upon. on no account will you be charged for this refund.
We are allowed to refuse the refund until we have received the goods or you have produced evidence that the goods have been shipped back, whichever is the first to reach us. You are obligated to send the goods to
Fetzer Marketing GmbH, Lindenstr. 30, 73667 Kaisersbach
immediately and in any case within 14 days of the day on which you informed us of the cancellation of this contract. You will bear the shipping costs for the return of the goods.
You will only have to account for any possible loss of value of said goods if this loss of value can be traced back to your handling of the goods in a way, that is not necessary in order to examine the nature, properties and functionality of the goods.
Exclusion from the Cancellation Right
According to §312 d Abs. 4 BGB (i.V. mit Art. 246 §1 I Nr. 10 EGBGB) (German Civil Code): the cancellation is excluded for the following contracts/orders:
(a) the delivered goods are not suited for a return delivery (such as e-books or downloads)
(b) the shipment of audio- or videorecords or software, if the seal on the volumes has been broken by the customer
End of the cancellation policy
§ 7 Warranty for defects and liability
Should the subject of purchase show a flaw, for which Fetzer Marketing GmbH is responsible, the purchaser can demand either the correction of the defect(s) or the delivery of a replacernent. lf Fetzer Marketing GmbH is unwilling to correct the flaws or send a replacement without proper reasoning, or does not comply within the appropriate time period, due to reasons for which Fetzer Marketing GmbH is responsible, or correction of flaws/ replacement shipment fails due to some other reason, the purchaser is entitled to withdraw from the contract or demand an appropriate price reduction.
lf not specifically stated below, the purchaser has no further claims - for whatever legal reasons. Fetzer Marketing GmbH can not be held responsible for defects which are not on the delivery item itself; Fetzer Marketing GmbH can especially not be held responsible for any loss of profit or other financial losses of the purchaser. lf liability on the part of Fetzer Marketing GmbH is excluded or limited, this also applies to the personal liability of employees, salesmen and vicarious agents.
The forgoing limitation on liability does not apply if the cause of damage can be traced back to intent gross negligence or if there is personal injury. Furthermore, it does not apply if the purchaser has claims according to $$1,4 of the German product liability act, claims due to the absence of a promised feature or due to non-compliance according to §§ 463, 480 Abs. 2 BGB (German civil code).
Provided that Fetzer Marketing GmbH negligently violates a duty essential to the contract, the duty to compensate for material damages is restricted to the typically resulting damage.
The warranty period amounts to:
for contracts with consumers according § 13 BGB (German Civil Code): two years.
for purchase orders from customers, who are entrepreneurs according to § 14 BGB {German civil code): one year, from the date of delivery
This period is a statute of limitations and also applies to claims for compensation for consequential damage caused by a defect, provided that no claims are made based on tort.
(1) Storage and processing of personal data
Fetzer Marketing GmbH pledges itself to protect the privacy of all people, who purchase at our shop and to treat all personal data as confidential. The basis for this are the in each case valid legal regulations, like the Bundesdatenschutzgesetz (BDSG) (German data protection act) and the Informations- und Kommunikationsdienstgesetz (luKDG) {German lnformation and Communication Services Act). The data we receive from you will be stored.
(2) Use of personal data
We use your data solely in order to be able to fulfill the contract concluded with you.
(3) Disclosure of information
Fetzer Marketing GrnbH does not forward personal data to third parties. Customers wlll only receive emails from Fetzer Marketing GmbH if they have given their consent.
(4) Rectification of personal data
Customers of Fetzer Marketing GmbH can access and edit their own user data anytime if they log in to the Fetzer Marketing GmbH homepage.
§ 9 Applicable Law, Court of Jurisdiction
(1) German law applies excluding the UN sales law(CISGG), even when the order is placed in another country or the order is to be delivered into another country. The court of jurisdiction for all claims in relation to your order is - to the extent permitted by law - in Schorndorf
(2) Should one or several of these general terms and conditions be fully or partially invalid or loose their legal validity at a later date, this shall in no way affect the effectiveness of the remaining terms and conditions.