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terms conditions

1. Scope The following Terms & Conditions apply to all orders on fervori’s online shop.
2. Contracting Party / Agreement Contract is made with fervori – a Private Partnership under German Civil Code. The display of merchandise in our online shop does not constitute a legally binding offer, but serves as a non-binding online catalog. The buyer may place merchandise into the shopping cart without obligation and may make changes and corrections thereto at any time during the order process before placing a binding order by clicking the Submit Order button. Upon clicking the Submit Order button, an order confirmation is sent to the buyer via automated e-mail, whereby the buyer’s order is confirmed and accepted, and a sales and purchase agreement is made between the buyer and fervori. A legally binding agreement may have been established previously:

  • If the buyer elected to make payment via PayPal, the agreement is established upon confirmation and an order to pay is sent to PayPal.
  • If the buyer elected to make payment via SOFORT, the agreement is established at the time an order to pay is sent to SOFORT GmbH.

The contractual language is German. The agreement is saved and forwarded along with our Terms & Conditions to the buyer via email. You may view and download our Terms & Conditions on this site at any time. Previous orders can be viewed in the customer account.
3. Shipping & Delivery The prices indicated do not include shipping. The cost of shipping can be viewed in the product description. Delivery is made via shipment. We do not offer pick up service.
4. Payment We offer the following payment types: Prepayment If you choose this payment type, we provide our bank details in the order confirmation and ship the merchandise upon receipt of payment. PayPal You pay the amount invoiced through PayPal. You have to be registered with PayPal to make a payment via PayPal, verify your payment details, and submit and confirm them to us. Further details can be viewed during the ordering process. SOFORT money transfer We also offer SOFORT money transfers, whereby we immediately receive a credit memo, thus accelerating the order process. To use SOFORT, you simply need your account number, bank routing number, PIN and TAN. Through the secure, and for merchants not accessible payment form, SOFORT is initiating a money transfer from your online bank account, automated and in real time, and the purchase price is directly transferred to the merchant’s bank account. When choosing the SOFORT payment method, a form opens at the end of the order process which already contains the our bank details, the money transfer amount, and the purpose. You will need to choose the country of the online banking account as well as enter the routing number and proceed with the same login details used during online banking, i.e. account number and PIN. Confirm your order by entering a TAN. Anyone with an online banking account using the PIN/TAN method can generally use the SOFORT money transfer method; however, please note that a few banks do not offer SOFORT money transfers method at this time. To find out whether your bank is offering this service.
5. Ownership The merchandise remains our property until full payment is made.
6. Damages in Transit Should merchandise be delivered with obvious damages, please file a complaint with the carrier immediately, if possible, and contact us. A delay in reporting or filing a claim or reaching out to us does not affect any legal entitlement, particularly warranty; however, timely reporting can assist us in making our claim against carrier and insurance.
7. Warranty Unless otherwise expressly agreed upon, statutory warranty laws apply. The statute of limitations for Claim of Defects is one (1) year from shipment of merchandise. The above limitations do not apply to claims caused by us, our legal representatives, or vicarious agents

  • in case of injury to life, body, or health
  • in case of intentional or gross negligence as well as fraudulent intent
  • in case of breach of material contractual obligations which make the proper execution of the contract possible and the adherence to which the contract parties can reasonably rely upon
  • within the scope of an independent warranty, where agreed upon
  • as far as the scope of the applicable liability law takes effect.

Further information on additional warranties, if any, and their specific conditions can be found on the respective product pages and descriptions in our shop.
8. Liability For claims resulting from damages caused by us, our legal representatives, or vicarious agents, we are liable without limitations

  • in case of injury to life, body, or health
  • in case of intentional or gross negligence
  • in case of independent warranties, where agreed upon
  • as far as the scope of the applicable liability law takes effect.

In case of breach of material contractual obligations which make the proper execution of the contract possible and the adherence to which the contract parties can reasonably rely upon, through slight negligence by us, our legal representatives, or vicarious agents, our liability is limited to the amount of damages that could be typically anticipated at the conclusion of the contract. All further claims for damages are excluded. ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO ARTICLE 14 (1) ODR REGULATION AND § 36 VSBG: The European Commission offers a platform for online dispute resolution, which can be found at http://ec.europa.eu/consumers/odr/ . We are not obligated nor prepared to participate in any alternative dispute resolution procedures through any other out-of-court bodies, such as consumer arbitration boards.

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