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§ 1 General

The Fella's Warenhandelsgesellschaft mbH (hereafter referred to as fella4stores) will offer and fulfil services only on the basis of its general terms and conditions. The terms and conditions apply universally, conflicting or otherwise diverging terms and conditions on the customer’s side are not recognised, unless explicitly stated by fella4stores. The terms and conditions also apply if fella4stores makes implicit deliveries to the customer despite being informed of conflicting or diverging terms and conditions on the customer’s side. All agreements between fella4stores and the customer for the fulfilment of the contract have been documented in writing in this contract. The terms and conditions also apply to all future business transactions with the customer, even if they have not been explicitly agreed upon again.

§ 2 Offer

Advertising, catalogue information and especially the depiction of articles in the online shop are not a binding offer for the sale of the goods by fella4stores. Technical data, measurements and weights are estimations in line with industry standard. By submitting an order, the customer makes a binding offer to purchase the selected articles. The customer is bound to his/her offer for the duration of 14 days. The contract will take effect when fella4stores accepts the order. Fella4stores reserves the right to make minor changes regarding measurements, weights, colours for similar articles that are comparable in terms of quality. The specified prices are ex factory, not including packaging. Packaging will be specified separately on the invoice. The customer has to bear the costs if special packaging is required. The customer shall also bear the delivery costs, if nothing else has been specified. Fella4stores will always choose the most cost-effective delivery method, if nothing else has been specified.

§ 3 Place of performance

Place of performance for all obligations regarding companies of § 14 BGB shall be the business location of fella4stores. For any order from a company under § 14 BGB the risks of an accidental loss of goods are transferred with the handover of the goods to the delivery company. Fella4stores will insure the goods against the usual shipping damages on demand. The costs shall be paid by the customer.

§ 4 Delivery

If not otherwise stated, the delivery dates are not binding. When ordering online via the web shop we will state a binding delivery date for all customers under §13 BGB. The fulfilment of the delivery requires the timely and correct fulfilment of the customer’s obligations. Fella4stores reserves the right to object regarding an unfulfilled contract. If the customer is in default of acceptance or breaches other obligations to co-operate, fella4stores shall be entitled to demand compensation for any damage that we suffer as a result of such conduct, including possible additional expenses. Further compensation is reserved. As far as the requirements of Para. 3 are met, the risk of accidental loss or accidental deterioration of the sales item shall pass to the customer at the point in time when the latter has defaulted in taking delivery or payment of debt. fella4store reserves the right for partial deliveries, if that is within acceptable boundaries for the customer. These are separate services which can be invoiced separately.

§ 5 Cancellation

The customer can cancel the contract within the statutory rights if fella4stores is responsible for the violation of duties. In case of defects, the statutory rights apply.

§ 6 Right of withdrawal

1. Customers that fall under § 13 BGB are able to revoke their order within two weeks without giving reasons (for example via letter, fax, email) or through reconsignment of the goods. The period commences at the earliest on receipt of this instruction in writing. Sending the revocation or the goods within the time limit shall be sufficient to amount to compliance.
   
   Please send the withdrawal notice to:
   fella's Warenhandelsgesellschaft mbH
   Seligenstädter Grund 1, 63150 Heusenstamm
   Fax 06104/9499219
   e-mail: info@fella4stores.com
2. Exemption from right to withdrawal.
   The right to withdrawal does not apply when an article has been customfitted to suit the wishes of the customer.
3. Consequences of cancelation
   In the event of a valid revocation of this agreement each party shall return to the respective other party the goods and any benefits (for example interest) received. If the customer cannot refund the received goods totally or partly or only in worsened condition, he is obliged to pay a value replacement. This does not apply, if the degradation of the goods is based exclusively on their examination as it would have been possible for the customer for instance in a shop. Furthermore the customer can avoid paying the compensation for value depreciation, if he does not use the goods as the owner and if he avoids everything, which impairs their value. The customer has to bear the cost of the return, if the supplied goods correspond to the ordered goods. Otherwise the return of the goods is free for the customer. Goods which cannot be shipped as a postal package will be picked up on location.

§ 7 Exchange and right of return

Order without risk:
Beyond the statutory rights, we allow an unrestricted refund on all items in original packaging within 14 days of delivery without the obligation to state any reasons. Customised, custom-length items or items especially ordered for the customer are exempt, especially products that are not offered in our sales program (catalogues or leaflets). Articles with custom advertising are also exempt from exchange or return. For cut-to-length goods we will charge a maximum of 40% of the price. Sending the goods to us is sufficient to ensure the stipulated period. If the customer cannot send the goods by mail, a return request sent in good time is sufficient.
We will charge a flat rate of EUR 6 per package and for freight deliveries EUR 15 within Germany, Austria and France, all other countries will be charged based on expenses. Unpaid shipments cannot be accepted.
Address:
fella's Warenhandelsgesellschaftt mbH,
Seligenstädter Grund 1, 63150 Heusenstamm
Order hotline:
Tel. +49 (0)6104/9499218
Fax +49 (0)6104/9499219
www.fella4stores.com

§ 8 Terms of payment

Unless specified otherwise in our order confirmation, our prices are net prices (without discount) and payable within 14 days starting with the invoice date. fella4stores will be obliged to deliver the ordered goods within 14 days starting with the receipt of payment date, if nothing else has been specified. If the customer is in default of payment or if circumstances are known or become evident which, on the basis of our dutiful commercial discretion, give rise to substantiated doubts about the customer’s creditworthiness – including facts that were already existent upon conclusion of the contract, but of which fella4store was not aware or bound to be aware at that time or that became evident following conclusion of the contract – fella4stores shall be entitled without prejudice to further rights to stop processing ongoing orders or ongoing delivery and demand advance payment. This is especially applicable when the customer has applied for the opening of insolvency proceedings. The customer shall only be entitled to offsetting and retention rights if his counterclaims are established by court proceedings, are beyond controversy or recognised by us. The customer may only assert a right of retention on the grounds of counterclaims from the same contract. The customer is in default of payment if he does not pay within 14 days of the due date. In case of defects the customer only has a right of retention, if the proportion between the defects and the estimated cost for supplementary performance is reasonable.

§ 9 Reservation of title

fella4stores reserves the right of ownership of the goods until receipt of all payments. For customers, who do not fall under § 13 BGB, the reservation of title will be extended as follows: fella4stores reserves the right of ownership of the goods until receipt of all payments from the existing current business relationship with the customer. If the customer resells the goods, he shall assign to fella4stores all claims and related compensation against third-parties without prior notification. The transfer of this reservation is up to the amount, that has been specified by fella4stores in the invoice. The share of claim assigned to fella4stores has priority over any other claims. If the customer is in breach of his duties, in particular with respect to overdue payments, fella4stores is entitled, also without setting a time limit, to demand the handover or the cancellation of the contract.

§ 10 Obligation to report defects

1. If the customer falls under the § 1 HGB, warranty claims asserted by the customer shall be subject to him having fulfilled the inspection and notification obligations properly in accordance with § 377 HGB. Known defects have to be reported in writing immediately.
2. If the customer does not fall under § 1 HGB, he is obliged to report all defects to fella4stores within two months starting from the time he has detected the defect. This regulation does not constitute an exclusion of the customer’s right of complaint.
3. If the delivery risk is on fella4stores then obvious damages in transit must be reported to the driver of the delivery company immediately.The customer must keep the original packaging and document existing packaging damages, if the effort is reasonable. If the claims for compensation from fella4stores against the delivery company could not be asserted because of a violation of the obligations, then the customer shall bear the cost of compensation.

§ 11 Warranty rights

If the customer falls under § 14 BGB the warranty claims do not exist if there are only immaterial discrepancies in the description and actual state or if there is only immaterial impairment on the usage. If the object of sale shows a fault and if the customer falls under § 13 BGB, he is entitled to a remedy of the defect or to receive a substitute delivery free from defects. If the customer does not fall under § 13 BGB, fella4stores can reserve the right to choose whether to remedy the defect or make a substitute delivery. If the defect is remedied, fella4stores shall be obliged to bear all the necessary costs for the remedying of the defect, in particular transport, labour and material costs, provided that such costs are not increased by the additional cost of taking the object of sale to another location other than the place of performance. If subsequent fulfilment fails or it is not reasonable for the customer, the customer shall be entitled at his own choice to demand either withdrawal from the contract or abatement of the purchase price within the statutory rights. The customer is obliged to make warranty claims with the help of damage forms from fella4stores, if they were part of the delivery.

§ 12 Responsibility for defects

fella4stores shall only be liable for any damage caused by it or by any of its vicarious agents through gross negligence defined by the law. Furthermore fella4stores will only be liable according to the product liability law of culpable violation of life, body and health or in the event of breach ofmaterial contractual duties. For customers who fall under § 14 BGB the following applies: The damage from a breach of material contractual duties will be limited to the typical, foreseeable damage, if it has not been done intentionally or as a result of gross negligence. Damages to legally protected interests of the customer are excluded, if these were not the result of intent or gross negligence or the culpable violation of life, body and health. For customers who fall under § 14 BGB the following applies:
A damage which resulted from serious negligence and the non-intentional violation of material contractual duties, is limited to the typical, foreseeable damage, if no culpable violation of life, body and health or in the event of breach of material contractual duties. The compensation for late delivery will be limited to 10% of the order value and the compensation for the delivery will be limited to 50 % of the order value. If it is not possible to deliver the goods or perform the services the right for compensation will be limited to 50% on the part that cannot be used due to the undelivered goods or services. Damages to legally protected interests of the customer are excluded, if these were not the result of intent or gross negligence or the culpable violation of life, body and health. The regulations from the paragraphs one to three are related to compensation in addition to the goods and compensation in place of the goods, regardless of the legal reasons, especially for claims from impermissible actions. They also apply to claims based on reimbursement of expenses incurred in vain.

§ 13 Limitation

If a new article is the delivered item, the period for limitation for claims based on defects is one year, regardless of the legal reason. The period for limitation for paragraph one also applies to other claims against fella4stores, regardless of the legal basis. They also apply if the claims are not related to a defect. For customers that do not fall under § 13 BGB, the granted warranty claims based on defects is one year. The limitation regulations of the paragraphs one to three only apply if the following is true:
The periods for limitation do not apply in case of intent. The periods of limitation do not apply, if fella4stores has maliciously concealed the defect. The periods for limitation do not apply for claims related to the violation of life, body and health, claims related to the product liability law, a violation of duties based on gross negligence or for culpable violation of material contractual duties.

§ 14 Copyright/Competition/Property rights

1. If the customer supplies templates or design elements such as texts, photos, data and graphics for product design or specifies such elements during product design, the customer has ensured that no copyright, trademark or competition rights are being violated or that he has the necessary permissions to use said material.
2. fella4stores does not compensate the violation of third-party claims.
3. The customer has ensured that fella4stores is not liable for any thirdparty claims, that could arise because of the business relationship between fella4stores and the customer from paragraph 1.

§ 15 Place of jurisdiction - Place of performance

If the customer falls under §1 HGB the place of performance is also the place of jurisdiction. However fella4stores reserves the right to sue the customer at the court of his residence. The laws of the Federal Republic of Germany apply, UN commercial law is not applicable.