Terms of service

1. Scope

1.1. This Terms of Use apply to all deliveries and services from contracts concluded between fleeky GmbH and their customers who are not consumers within the meaning of Section 13 BGB.

1.2. Conflicting or deviating conditions of the customer do not become part of the contract, even if the order is accepted, unless these are more favorable for us than our general terms and conditions and are not related to provisions that should not apply according to our conditions. Our conditions also apply if we deliver without reservation in the knowledge of conflicting or deviating conditions. Our conditions also apply to all future business with the customer.

1.3. Business customers who sell our products in their own shops (retailers as well as cosmetic studios) agree with the conclusion of the contract that their business data (name, address, etc.) will be recorded and listed in our "Shopfinder", which all of our customers have online access to .

2. Offer, conclusion of contract

2.1. Our offers are non-binding, unless otherwise stated in the order confirmation. Offers and agreements only become binding for us through our written confirmation. Instead of the written confirmation, the delivery of the ordered goods is considered acceptance.

2.2. For the content of the contract, first our order confirmation, otherwise our always non-binding offer and the regulations of this Terms of Use authoritative.

2.3. We reserve the right to make changes to the design and shape that are reasonable for the customer when producing unusual items that differ from our usual product range.

3. Subject matter / prices

3.1. We deliver in commercial quality. The information in offer documents, brochures, etc. are only guidelines and are not binding, unless expressly agreed otherwise. We reserve the right to make changes provided that this does not affect the suitability of the delivery.

3.2. Samples are sold as seen. When purchasing samples, the customer is expressly aware that these may differ in design and quality from models of the series goods.

3.3. Our prices are calculated in euros ex warehouse, excluding packaging costs and statutory VAT. If the offer or the customer's order confirmation was issued in another currency, payment can be made in this currency.

3.4. If there are more than 4 months between the conclusion of the contract and delivery, we can calculate the prices applicable at the time of delivery despite the price agreement, provided this is reasonable for the customer. If the calculation basis changes, e.g. the exchange rate for imported goods, we can adjust prices at any time in our commercial business. We will provide evidence of the change in the calculation basis to the customer upon request.

3.5. If from the regulation of § 3.4. If use is made and the agreed price is increased at the expense of the customer, the customer has an extraordinary right of withdrawal.

4. Payment

4.1. Unless otherwise agreed, our invoices are to be paid immediately upon receipt without deduction.

4.2. If a discount has been agreed, the deduction assumes the settlement of all older claims.

4.3. If the customer defaults on a payment, all other claims are automatically due immediately. Payments are initially offset against the costs and interest and then against the oldest claims.

4.4. In the event of default in payment, default interest of 15% pa will be charged and further deliveries will be withheld until payment has been made in full.

4.5. The customer is only entitled to withhold payments or to offset them against counterclaims insofar as his counterclaims are undisputed, legally established or recognized by us.

4.6. Credits granted by us are generally only offset by the delivery of goods.

4.7. If after the conclusion of the contract the solvency or payment behavior of the customer deteriorates or an earlier deterioration becomes known or if the customer does not meet his payment obligations to us or to others, we can make the deliveries dependent on a security deposit or advance payment, otherwise we can withdraw from the contract without compensation.

4.8. We also have this right in the event of default in payment for previous deliveries. In the event of default in payment, we will charge dunning costs and processing fees of at least EUR 5 per reminder.

5. Delivery

5.1. The delivery time is based on the agreement made in the confirmation of the offer. Timely delivery requires that all commercial and technical questions between the contracting parties have been clarified and that the customer has fully fulfilled his obligations.

5.2. The delivery period is met if the delivery item has left the warehouse by its expiry or if readiness for dispatch has been reported.

5.3. If the non-compliance with the delivery time is due to events beyond our control, the delivery time will be extended accordingly.

5.4. Of the Shipping Policy happens at the sole expense of the customer.

5.5. All orders are only considered accepted with the reservation of self-delivery. Compliance with an agreed delivery period is subject to correct and timely delivery by our sub-suppliers. In the event that the contractual items are not available, we will immediately inform the customer of this and, if necessary, immediately reimburse the customer for any consideration already provided.

5.6. Partial deliveries are permitted unless the customer can objectively have no interest in the partial delivery.

5.7. If we are in default and the customer can be shown to have suffered financial loss as a result, he is entitled to demand lump-sum compensation for default. For each full week of the delay, it amounts to 0.5% in total, but no more than 5% of the value of that part of the total delivery that cannot be used on time or in accordance with the contract as a result of the delay. This limitation of liability does not apply in the event of willful intent or gross negligence on our part.

6. Transfer of risk, acceptance

6.1. The risk of accidental loss or accidental deterioration of the goods - even in the case of freight-free delivery - is transferred to the customer when the goods have left the warehouse, even if partial deliveries are made or if we also provide other services, e.g. shipping costs or have taken over the delivery and installation.

6.2. The customer must assert claims for transport damage against the carrier himself.

6.3. Shipping Policy, Packaging, insurance and assembly are carried out, provided that these services are taken over by us, without deviating written instructions from the customer at our option.

7. Notification of defects, warranty and liability

7.1. The customer's rights in the event of a performance not in accordance with the contract presuppose that the customer has properly complied with his inspection and complaint obligations in accordance with Section 377 of the German Commercial Code.

7.2. 8 days are agreed as the deadline for the notification of defects.

7.3. In the event of a defect, we are entitled, at our option, to - even repeated - subsequent improvement or replacement delivery. If the type of supplementary performance chosen by us is impossible or involves disproportionate costs, we are entitled to refuse the type of supplementary performance. In this case, the customer is entitled to request the other type of supplementary performance. If that is also impossible or disproportionately expensive, the right to subsequent performance does not apply. If subsequent improvement or replacement delivery is therefore excluded, the customer can, at his option, request a reduction in payment or withdraw from the contract. Further claims are excluded.

7.4. If the shipment arrives in a damaged condition, the customer must immediately have the damage officially recorded by the carrier in order to secure his claims.

7.5. The return of rejected goods requires our express approval. Any by the unauthorized Shipping Policy Any resulting damage and / or additional costs are to be borne by the customer.

7.6. The warranty does not apply if the due purchase price has not yet been paid, in the event of improper handling, excessive use, external intervention or repairs without our consent, as well as for items sold second-hand or trade fair goods.

7.7. For damage that has not occurred to the delivery item itself, we are only liable - for whatever legal reasons - in the event of willful intent and gross negligence, culpable injury to life, limb and health, fraudulently concealed defects and defects in the delivery item, as far as in accordance with the Product Liability Act there is liability for personal injury and property damage to privately used objects.

7.8. In the event of culpable breach of essential contractual obligations, we are also liable in the event of simple negligence, however limited to the typical contractual damage that could reasonably be foreseen when the contract was concluded. Any further claims, in particular for other financial losses, are excluded.

8. Retention of title

8.1. Every delivery of goods remains our property until all payments from the business relationship have been received (including all payments for ancillary claims, claims for damages, etc.).

8.2. In the event of behavior contrary to the contract, in particular default in payment, we are entitled to withdraw from the contract in accordance with the statutory provisions and to take back the goods.

8.3. The customer is entitled to resell the reserved goods in the ordinary course of business; However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) that arise from the resale. Any other disposal of the goods, e.g. B. Pledging, transfer by way of security, transfer in exchange is prohibited. Coercive measures against third parties must be communicated to us in good time. At our request, the assignment must be made known to the third party debtor.

8.4. In the event of default in payment, we can demand that the customer name the assigned claims and the debtor, inform him of the assignment and hand over all documents to us. The processing or transformation of the reserved goods by the customer is always carried out for us, but without obligation for us.

9. Consignment goods and samples

9.1. Consignment goods must be handled carefully and adequately insured (fire, burglary and theft). Unusable or damaged goods must be replaced at the replacement or repair costs.

9.2. The return must be made within 7 days of our first request. The right of return expires and, at our option, the goods are considered firmly sold if they have not been returned after a new deadline.

9.3. If a lease period has been firmly agreed, the goods must be returned to us unsolicited and free of charge within the period, otherwise the above applies

10. Place of performance, place of jurisdiction, UN sales law

10.1. Unless otherwise stated in the order confirmation, the place of performance is Hamburg. The exclusive place of jurisdiction, also for the dunning procedure after transition to the disputed procedure, is Hamburg. However, we are entitled to sue the customer at his place of business.

10.2. This agreement on the place of jurisdiction also applies if the customer does not have a place of jurisdiction in Germany or if the place of business or usual place of residence is unknown.

10.3. The provisions of the UN sales law do not apply

fleeky GmbH
Hammer dike 70
20537 Hamburg

T 040 65588850
E.  info @fleeky.de

Managing Director:
Roald Christoph, Filiz Christoph-Atas

 

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