General Terms and Conditions for Ordering Online from the J. Foeldeak GmbH Online Shop
The present General Terms and Conditions contain the terms
and conditions exclusively valid between you and J. Foeldeak
GmbH, Blumenstraße 17, 82538 Geretsried regarding the
purchase of all products offered by J. Foeldeak GmbH within
the context of its online shop, unless modified by the parties in
the course of written agreements.
Conclusion of Contract
You have the possibility to select and order products in the
Foeldeak Online Shop. Presenting the goods does not represent
a binding offer. The essential features of our goods on offer as
well as the period of validity of temporary offers can be found in
the individual product descriptions within the frame of our
Internet offer. You can hit the desired products on the website
and enter the corresponding number. By hitting the [Into the
shopping cart] button, they will be collected in a virtual shopping
cart, and by hitting the [Go to ckeckout] button as well as at the
end of your purchase, you will receive a list of the products at
their total final price including VAT. Solely the hit of the [Send
order] button shall represent a binding offer pursuant to § 145
BGB (German Civil Code). Possible input errors when typing
your order can be corrected anytime prior to sending the order
by means of the function [Correct order].
You can access and download these General Terms and
Conditions at any time on the website of the Foeldeak Online
Shop. We will confirm the receipt of your order immediately via
email. However, this confirmation of receipt does not represent
the acceptance of the offer; we reserve the free decision to
accept this offer. In the event of an acceptance of the offer, we
will send you via email within two working days an order
confirmation together with the provisions of contract including
these General Terms and Conditions. The order will be effective
upon receipt of this confirmation.
Delivery Time and Arrears
You will find the estimated delivery time in the product
description. If no delivery time is quoted, the goods will be
delivered within 30 days. Shipment of the goods will be carried
out – unless otherwise agreed – upon receipt of payment (bank
transfer) to our account. Information about delivery times shall
not be binding unless the date of delivery had been guaranteed
by way of exception. If we are not able to forward the ordered
goods to you within the delivery time specified by us, you will be
notified immediately of the delay. If the goods ordered by you are
not available, we will inform you immediately and reserve the
right to withdraw from the contract and not render the services,
repaying immediately the consideration, if any, already
transmitted by you.
Our prices are quoted final prices including taxes. The prices are
applicable at the time of the order.
Claims for damages are hereby excluded, irrespective of the
type of violation of duties and including any tortious act, as long
as there is no intentional or grossly negligent act.
In the event of any essential breach of contract, we shall be
liable for every negligence, however, only up to the amount of
the foreseeable, direct, average damage typical to a contract.
Claims out of lost profits and unsuccessful expenses, claims for
damages by third parties, as well as claims out of consequential
and subsequent damages can only be raised if a characteristic
of state guaranteed by us is expressly intended to protect you
against such damages.
The limitations and exclusions of liability set forth in paras. 1
and 2 shall not be applicable in the case of claims originating in
malicious acts on our part, as well as in the case of a liability for
guaranteed characteristics of state, for claims pursuant to the
law on product liability, as well as for damages resulting from
the violation of life, body, and/or health.
To the extent our liability is excluded or limited, this shall also
apply to our legal representatives and agents. To the extent
you are a merchant, legal entity or separate property under
public law, our liability shall be excluded even for grossly
negligent acts of our simple agents unless this refers to a
breach of essential contractual obligations.
Our warranty is in accordance with legal provisions, whereby
you are first of all entitled, at your discretion, to claim remedy or
supplementary performance, and in the event of a failure of the
supplementary performance you are entitled, at your discretion,
to rescind from the purchase contract or to claim abatement of
the purchase price. In the event of a warranty case, please
J. Foeldeak GmbH
Above that, you may possibly assert claims from the relevant
product manufacturer derived from a warranty granted by him
(manufacturer warranty), the details of which may result from
the terms of guarantee that are enclosed with the appropriately
delivered goods. However, we shall not be liable for such
Conditions of Payment
The purchase price shall immediately be payable upon receipt
of the order confirmation (by bank transfer to our account). The
banking data will be disclosed together with the order
Please do not fail to specify the number of the order
confirmation when filling in the bank transfer.
Shipping costs will be charged for deliveries within Germany as
well as to all other EU member states. You will be informed in
each individual case of the amount of the respective shipping
costs, which shall be generated from the target country as well
as the weight and measurements of the package.
Reservation of Ownership
Until fully paid, the goods remain our sole property.
Right to Return:
You shall have the right to return the goods received without
giving reasons within two weeks by sending the goods back.
The period shall begin to run at the earliest with the receipt of
the goods and these instructions. Only in the event of goods
that cannot be shipped as a packet (i.e. in the case of bulky
goods), you shall have the right to declare the return also by
request of return in writing, e.g. via letter, fax or email. The
observance of the period shall be fulfilled if the goods or the
request of return have been dispatched in time. You shall bear
the return costs if the delivered goods are consistent with the
ordered goods. Otherwise, the return shall be free of charge
for you. The return or the request of return shall be addressed
J. Foeldeak GmbH
Implications of Return:
In the case of a valid return, the services received on both
sides and possible uses (e.g. usage benefits) shall be
returned. In the event of a deterioration of the goods, value
replacement can be claimed. This shall not be applicable if the
deterioration of the goods can exclusively be attributed to their
examination – such as would have been possible in a store.
Moreover, you can avoid the obligation for value replacement
by not handling the goods like a proprietor and by refraining
from everything that might impair their value.
If Foeldeak bears the costs for the return, we will send you a
packing slip (return voucher) with which you can carry out the
The data necessary for the execution of the contract between
you and our firm are saved by us and can be accessed by you
at any time.
Status: January 2014
J. Foeldeak GmbH