General Terms and Conditions and Legal Notices
Version: 1.1 - Released: 01.08.2017
§ 1 General points
(1) These General Terms and Conditions (“T&Cs”) of:
FOND OF GmbH
Vogelsanger Str. 78
Tel.: +49 (0)221 / 539 705-100
Managing Directors: Florian Michajlezko, Sven-Oliver Pink, Dirk Schülgen, Dr. Oliver Steinki
Registration: Cologne District Court, HRB 68944
VAT ref. no.: DE 271542404
Tax ref. no.: 217/5729/0866
(“FOND OF”), as a party to the contract, apply to all orders placed in the international Online Shop at http://www.ergobag.com/ (“Online Shop”). The customer has the option of viewing, printing and saving these T&Cs in a readable format during the order process. The latest version of these T&Cs is also available at http://www.ergobag.com/terms-and-conditions.
(2) All agreements between FOND OF and customers in connection with an order are set out in writing in the purchase contract, the T&Cs and the order confirmation from FOND OF (cf. section 3 (2) of these T&Cs). By placing an order, the customer agrees to be bound by the T&Cs applicable at the time of the order. Any T&Cs of the customer which contradict these T&Cs are not part of the contract. The text of the contract will be stored electronically by FOND OF; however, for security reasons, once the order process is complete, this text can no longer be accessed by the customer. Nevertheless, the customer is free to print the web page showing the terms of the contract during the order process by using the print function in the browser. Registered customers with a user account may view, change and save their personal data, such as contact information, within their user account (“Your Account”) and they may view the status of their orders.
(3) The contract language is English. Any German terms that are used in this T&Cs are presented in italics and are only deemed for reference and convenience purposes.
§ 2 Offer
(1) The products displayed by FOND OF on http://www.ergobag.com/ are offered for sale exclusively to persons or legal entities with full legal capacity to conduct business. Persons without legal capacity or with limited legal capacity to conduct business may only purchase the goods offered for sale with the involvement and permission of their legal representative. The goods in the Online Shop at http://www.ergobag.com/ are not sold to commercial resellers; FOND OF runs a separate sales program for commercial resellers.
(2) The illustrations in the Online Shop serve only to present the products and do not constitute a legally binding offer from FOND OF; all information is subject to change and may contain errors.
§ 3 Agreements
(1) The order process begins when the customer places items offered for sale in the Online Shop in the virtual “Shopping Cart” and then proceeds to the virtual “Checkout.” By clicking the “Buy” button during the order process, the customer completes the order and signals to FOND OF BOGS a legally binding intent to purchase the items in the Shopping Cart. Information entered by the customer prior to completing the order process may be changed at any time by using the editing functions (“Edit” and “Delete” buttons) incorporated in the order process.
(2) Once received, the customer’s order will be immediately confirmed (“Order Confirmation”). The Order Confirmation does not in itself represent a legally binding acceptance of the order by FOND OF; rather, it merely informs the customer that the order was properly transmitted to FOND OF. Nevertheless, an Order Confirmation may be associated with a declaration of contract acceptance (cf. section 3 (3) of these T&Cs).
(3) Orders are not considered accepted nor a contract established until: (i) an express declaration of contract acceptance (“Order Confirmation”) is issued; (ii) the merchandise is shipped and the customer is notified of shipment (“Shipping Confirmation”) or (iii) payment is requested (e.g. by cash in advance, bank transfer). If more than one of conditions (i), (ii) and (iii) above are met, the contract will enter into effect at the time the first condition is met. FOND OF has three business days upon receipt of an order to accept a contract offer.
§ 4 Right of withdrawal
(1) In the following FOND OF informs the customer on the statutory right to withdraw the contract. This information does not include contractually conferred rights beyond those guaranteed under statutory law. Commercial resellers, in particular, do not have a legal right of withdrawal.
(2) Model withdrawal form
(3) FOND OF makes the following non-binding recommendations for handling the purchased goods during the withdrawal period as well as for returning the purchased goods in the event of withdrawal of contract. These recommendations are only suggestions and do not constitute conditions for exercising the right to withdraw the contract: The customer is asked to return the purchased goods to FOND OF in a postage-paid package. FOND OF will automatically send the customer a shipping label by email for this purpose, provided FOND OF is responsible for the cost of the return.
The customer is asked to avoid damaging or soiling the purchased goods during the withdrawal period and, whenever possible, to return the purchased goods to FOND OF in its original packaging including all accessories and package contents. If the original packaging is no longer available, appropriate packaging should be used to avoid damage in transit.
§ 5 Merchandise prices, shipping costs and accepted forms of payment
(1) All quoted prices include value added (sales) tax and exclude any applicable shipping costs as well as costs associated with the selected method of payment. Goods ordered from the Online Shop are sold at the prices in effect on the order date. Prices are clearly indicated during the order process. The customer will also be informed of any shipping charges as well as any costs resulting from the selected payment method during the order process.
(2) FOND OF accepts prepayment by bank transfer, "PAYONE" (credit card) and “PayPal”; FOND OF reserves the right to refuse certain forms of payment.
§ 6 Payment due date and order processing
(1) Any amounts billed by FOND OF to the customer are generally, and unless otherwise stated in these T&Cs, payable strictly net on the effective date of the contract.
(2) For advance payment by bank transfer, the customer must transfer the invoice amount within 7 days of the effective date of the contract to the account indicated by FOND OF. The ordered goods will be reserved for the customer and shipped once payment is received.
(4) Payments by “PayPal” are subject to the “PayPal User Agreement” of PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The User Agreement, which PayPal users must agree to in order to do business with PayPal (Europe) S.à.r.l. & Cie, S.C.A., is available at www.paypal.com. The goods will be shipped upon payment confirmation from PayPal.
(5) Invoices, credit notices and payment reminders, if necessary, will be sent to the customer exclusively by email.
§ 7 Right to deduct claims and withhold payment
(1) The customer may deduct claims against FOND OF from amounts due only if said claims: (i) result from the same purchase contract; (ii) are legally enforced; (iii) are recognized by FOND OF or (iv) are undisputed.
(2) The customer may exercise its right to withhold payment only in the case of a claim resulting from the same purchase contract.
§ 8 Retention of ownership
Ordered merchandise will remain the property of FOND OF until such time as payment is received in full.
§ 9 Delivery
(1) Quoted delivery time frames are estimated lead times only. If the item is shipped as a parcel, delivery will take approximately 5 business days from the payment date unless otherwise indicated in the Online Shop.
(2) FOND OF will ship ordered goods to the address provided by the customer either directly or via a contracted third party.
(3) If any items are out of stock and shipping is delayed as a result, FOND OF will immediately notify the customer by email. In such cases, FOND OF has the right to send partial shipments, provided this is reasonable for the customer. Any additional shipping costs resulting from partial shipments will be paid for by FOND OF. The customer’s rights under statutory law remain unaffected.
(4) If FOND OF is unable to ship the ordered goods through no fault of its own but because its own supplier has failed to meet its contractual obligations or if the items ordered by the customer are not available for longer than one month due to force majeure, FOND OF may withdraw from the purchase contract. FOND OF shall immediately notify the customer of any shipping difficulties. If FOND OF withdraws from the contract, FOND OF shall immediately refund any payments already made by the customer. Any additional customer rights under statutory law remain unaffected.
§ 10 Guarantees, warranties and customer service
(1) The laws regarding guarantees (Gewährleistung) apply. If the delivered goods are defective, the customer has the legal right to ask the seller to either repair the defect or replace the product. However, FOND OF may reject the customer’s choice if it involves disproportionate costs for FOND OF. If FOND OF fails to either repair or replace the product as selected by the customer or deems the request to be unreasonable, the customer has the right to: (i) reduce the purchase price; (ii) in the case of significant defects, withdraw from the contract and/or (iii) request damages.
(2) If the customer or third party contracted by the customer attempts to correct the defect itself but instead worsens the defect or causes more defects, FOND OF shall not be liable for the defects.
(3) Any additional warranties (Garantien) offered by FOND OF do not affect the customer’s legal rights with regard to guarantees.
(4) The contact information for the FOND OF customer service department is as follows:
FOND OF GmbH
Vogelsanger Str. 78
Tel.: +49 (0)221 / 539 705-100 (Mon-Fri 9:00 a.m. to 12:00 p.m. & 1:30 p.m. to 6:00 p.m.)
§ 11 Copyrights and commercial property rights
(1) The content of the website at http://www.ergobag.com/, including but not limited to text, graphics, photos, still images, animated images, audio recording and software (“Content”) is the (intellectual) property of FOND OF, its licensees or content providers except where subject to third-party copyrights. Duplication, editing, translation or other modification of the Content, including the use of the Content, particularly on platforms such as www.ebay.com, are not authorized.
(2) Any displayed trademarks and brand names are the (intellectual) property of their corresponding owners.
§ 12 Liability
(1) FOND OF is liable under the law unless liability is excluded under the following clauses.
(2) FOND OF shall not be liable for breach of contract due to minor negligence, provided the breach does not result in injury to life, limb or health or does not affect warranties or claims under the German Product Liability Act (Produkthaftungsgesetz). This does not apply to liability for failure to meet contractual obligations without which fulfillment of the contract would be impossible and compliance with which the customer may reasonably expect.
(3) The terms of this section 12 also apply to breach of contract by vicarious agents of FOND OF.
(1) All personal data provided by the customer (such as form of address, name, address, email) shall be collected, processed and saved by FOND OF in strict compliance with the provisions of the German data protection laws.
(2) FOND OF shall use the information provided by the customer to fulfill and process the customer’s order. The customer’s information will be provided to the shipping company contracted to deliver the goods if necessary. For payment processing purposes, FOND OF may provide the customer’s payment information to the bank or payment service provider used by FOND OF. Once the contract is fulfilled and the purchase price is paid in full, the customer’s information will be blocked for later use and completely deleted once the mandatory time frame for keeping the information in accordance with tax and commercial laws has passed.
(3) Additional information regarding data privacy is provided by FOND OF on its website at http://www.ergobag.com/.
§ 14 Final provisions
(1) German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the customer is a resident of another country than Germay, the laws of the country of residence may also apply in cases subject to mandatory consumer protection regulations.
(2) Should individual clauses of these T&Cs be or become legally invalid, this shall not affect the validity of the remaining clauses.
Note regarding German Battery Act (Batteriegesetz)
(1) The chemical components of batteries may be hazardous to the environment and health if not properly stored and disposed of. To avoid damaging effects on health and the environment, used batteries must be collected and recycled separately from household waste. Do not throw batteries in the waste basket along with other household waste.
(2) As a consumer, you are legally required to return or properly dispose of all used batteries (rechargeable and non-rechargeable). You can drop off your used batteries at a public collection station or retailer in your area free of charge. Please note that retailers will only accept used batteries in typical consumer quantities. Also, only batteries of a type that is normally carried by the retailer as part of its inventory will be accepted.
This symbol means that the battery may not be disposed of with the household waste due to its hazardous chemical content. Additional symbols with the following meanings may also appear on the battery:
Pb: Battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury