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Terms and Conditions
General terms and conditions of business
1. Scope
2. Contracting parties, conclusion of contract, correction options
3. Contract language, contract text storage
4. Delivery conditions
5. Payment
6. Right of withdrawal
7. Retention of title
8. Transport damage
9. Warranty and guarantees
10. Liability
11. Dispute resolution
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers and businesses.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract, correction options
The purchase contract is concluded with Fink Handmade.
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the products contained in your shopping cart. Confirmation of receipt of your order will be sent by email immediately after submitting the order.
We will accept your offer within two days by
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we submit a declaration of acceptance in a separate email or
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If applicable, the payment transaction will be processed by our service provider or the selected payment service provider. The time at which the payment transaction is processed depends on the selected payment method (see "Payment").
The alternative that is relevant to you depends on which of the listed events occurs first.
3. Contract Language, Storage of Contract Text
The language(s) available for concluding the contract: German, English
We store the contract text on our systems, which, however, are not accessible to you
4. Delivery Conditions
4.1 Delivery Area
We deliver within Germany.
4.2 Delivery Options
We ship the products to the delivery address specified during the order process.
You generally have the option of picking up your order from Fink, Hauptstraße 67, 74206, DE, during the following business hours: By appointment
4.3 Delivery by Freight Forwarder
Appointment Scheduling
For freight forwarding deliveries, the freight forwarding company we have commissioned will contact you to arrange a delivery date.
Place of Delivery
Delivery of the goods is limited to the transport and unloading of the goods to the first public curb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.
Required Local Conditions
Delivery by freight forwarding is only possible if the delivery address can be reached by motor vehicles with a permissible total weight of 0.2 tons via public roads with a minimum width of 2 meters without any further official or civil law restrictions.
The product must be transportable by two people to the agreed delivery location (especially with regard to any doors, stairs, stairwells, etc.). Information on packaging dimensions can be found in the offers.
If any of the above requirements are not met or you have any doubts, please contact us by phone before placing your order.
Recipient's Cooperation
Unloading and any subsequent transport of the goods to the agreed delivery location are carried out jointly by the forwarding agent and the recipient. Information on packaging dimensions can be found in the offers.
For merchants: Notwithstanding the previous sentence, the recipient is responsible for unloading and any subsequent transport of the goods to the agreed delivery location.
5. Payment
The following payment methods are generally available in our shop.
Prepayment
If you choose prepayment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.
Cash on Pickup
You pay the invoice amount in cash upon pickup.
Credit Card
You provide your credit card details during the ordering process. Your card will be charged immediately after you place your order.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay feature, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after you place your order. Further information will be provided during the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed immediately after placing the order. Further information will be provided during the ordering process.
PayPal
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, authenticate yourself with your login details, and confirm the payment order. The payment transaction will be processed by PayPal immediately after placing the order. Further information will be provided during the ordering process.
PayPal may offer registered PayPal customers, selected according to its own criteria, additional payment methods in their customer accounts. However, we have no influence on the availability of these methods; Other individually offered payment methods affect your legal relationship with PayPal. Further information can be found in your PayPal account.
6. Right of Withdrawal
You have the statutory right of withdrawal, as described in the cancellation policy.
7. Retention of Title
The product remains our property until full payment has been made. The following additional provisions apply to entrepreneurs: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.
The following applies to businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment.
9. Warranty and guarantees
9.1 Warranty Law
Unless expressly agreed otherwise below, the statutory warranty law applies.
The following limitations and shortening of time limits do not apply to claims based on damages caused by us, our legal representatives, or vicarious agents
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in the event of injury to life, limb, or health
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in the event of intentional or grossly negligent breach of duty or fraudulent intent
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in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
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within the scope of a guarantee promise, if agreed, or
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to the extent that the scope of application of the Product Liability Act applies.
Restrictions for Business Owners
With businesses, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The previous sentence does not apply to an item that has been used for a building in accordance with its usual purpose and has caused its defectiveness.
The statutory limitation periods for recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Notice to Merchants
The obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to provide the notification stipulated therein, the goods shall be deemed approved, unless the defect was not detectable during inspection. This does not apply if we have fraudulently concealed a defect.
9.2 Guarantees and Customer Service
Information on any applicable additional guarantees and their precise terms and conditions can be found with the product and on special information pages in the online shop.
Customer Service: Alterations
10. Liability
We are always liable without limitation for claims based on damages caused by us, our legal representatives or vicarious agents
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in the event of injury to life, body, or health,
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in the event of intentional or grossly negligent breach of duty,
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in the event of a warranty promise, if agreed, o
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insofar as the scope of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives, or our vicarious agents, liability shall be limited 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.
11. Dispute resolution