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General terms and conditions

1. Scope

All orders placed via our online shop shall be governed by the following general terms and conditions. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity, who acts in exercise of its commercial or independent professional activity, when concluding a legal transaction.

2. Contracting party, contract formation, correction options

The purchase contract is concluded with FOLIATEC Böhm GmbH & Co. Vertriebs-KG.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order is sent by e-mail immediately after sending the order.

We accept your offer within three working days by

  • issuing a declaration of acceptance in a separate e-mail, or
  • we have the goods delivered, or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the transaction depends on the respective selected payment method (see under "Payment").

The relevant option for you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language available for the conclusion of the contract is exclusively German.

We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. Terms of delivery

In addition to the indicated product prices there may be shipping costs. You can find more detailed information about possible shipping costs in the listings.

We only deliver by shipping. Unfortunately, it is not possible to pick up the goods yourself.

5. Payment

In our shop, the following payment methods are available to you:

Payment in advance
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment authorization.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will find further information on the respective payment option and in the order process.

PayPal
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment authorization. The transaction is carried out by PayPal immediately after the order has been placed.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and solvency check, and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the debit (so-called prenotification). The account will be charged before the goods are dispatched.

Invoice via PayPal
The payment by invoice via PayPal requires an address and a credit check, and is to be sent directly to PayPal.

Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment initiation. The transaction will be executed within one banking day after the order is placed. A banking day is any working day except Saturdays, national public holidays and 24 and 31 December each year. You will receive further information in the order process.

6. Reservation of ownership

The goods remain our property until full payment has been received.

7. Transport damages

If goods are delivered with obvious transport damages, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

8. Warranty and guarantees

8.1 Liability for defects law

The statutory liability for defects shall apply.

8.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with each product and on special information pages in the online shop (please note for PROSHAPE items).

9. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty
  • in the case of guarantee promises, if agreed, or
  • as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. Code of conduct

We have subjected ourselves to the following codes of conduct:
Trusted Shops (https://www.trustedshops.com/tsdocument/%20TS_QUALITY_CRITERIA_en.pdf)

11. Dispute settlement

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Additional notes

To the extent permissible, German law shall apply exclusively, the application of UN sales law shall be excluded, the contractual language shall be German and the place of jurisdiction shall be Germany.

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