General Terms and Conditions (GTC)

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Handelskontor Fieberg GmbH) via the website smarfie.com (Smarfie brand).
Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
A trader is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.
Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) You may submit a binding purchase offer (order) via the online shopping cart system.
The goods you intend to purchase are placed in the “shopping cart”.
Using the corresponding button in the navigation, you can view the shopping cart and make changes at any time.
After opening the “checkout” page and entering your personal data as well as the payment and shipping terms, all order data are displayed again on the order overview page.
Before submitting the order, you have the opportunity to review all details again, change them (including via the “back” function of your internet browser) or cancel the purchase.
By submitting the order via the button for placing a binding, paid order, you make a binding offer to us.
You will first receive an automatic email confirming receipt of your order.

(3) Acceptance of the offer and thus conclusion of the contract take place by confirmation from the provider (e.g. order confirmation) and/or by successful completion of the selected payment (e.g. PayPal).

(4) If paid goods are not immediately available, you will be offered the option of subsequent delivery within 14 days, or, if you so wish, a refund of the amount for the goods not delivered.

(5) Order processing and transmission of all information required in connection with the conclusion of the contract take place in part automatically by email.
You must therefore ensure that the email address you provide is correct, that receipt of emails is technically ensured and, in particular, that emails are not blocked by spam filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Liability

(1) We are liable without limitation for damage arising from injury to life, body or health.
We are also liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, upon assumption of a guarantee for the quality of the purchased item, and in all other cases provided for by law.

(2) Liability for defects under the statutory warranty is governed by the corresponding provision in our customer information (Part II).

(3) Where essential contractual obligations are affected, our liability for slight negligence is limited to the typical, foreseeable damage under the contract.
Essential contractual obligations are material duties that arise from the nature of the contract and whose breach would jeopardise achievement of the purpose of the contract, as well as duties which the contract imposes on us according to its content in order to achieve the purpose of the contract, whose fulfilment makes proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

(4) In the event of a breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) Given the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times.
We are therefore not liable for continuous or uninterrupted availability of the website and the services offered there.

§ 5 Choice of law

(1) German law applies.
For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. Customer information

1. Identity of the seller

Handelskontor Fieberg GmbH

Dornenbusch 21

32805 Horn-Bad Meinberg

Phone: +49 (0) 179 4709011

Contact: via our contact form

Further information: Imprint

2. Information on conclusion of the contract

The technical steps leading to conclusion of the contract, the conclusion of the contract itself and the options for correction are governed by § 2 of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German;
for the English website version, English may be used for communication.
German is authoritative for contracts concluded in the German shop.

3.2. We do not store the complete contract text permanently.
Before submitting the order, you may print or electronically save the contract data using your browser’s print function.
After we receive your order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service are set out in the respective offer description and in the supplementary information on the website.

5. Prices and payment terms

5.1. The prices stated in the respective offers as well as the shipping costs are total prices.
They include all price components including all applicable taxes.

5.2. Shipping costs are not included in the purchase price.
They can be accessed via a correspondingly labelled button on our website or in the respective offer description, are shown separately during the order process and are payable by you in addition, unless free shipping has been promised.

5.3. The payment methods available to you (in particular PayPal) are indicated during the order process.

5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery terms

6.1. The delivery terms, delivery date and any delivery restrictions are set out in the order process or in the respective product description.

6.2. If you are a consumer, it is provided by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment passes to you only upon handover of the goods to you, regardless of whether the shipment is insured or uninsured.
This does not apply if you have independently commissioned a carrier not named by the trader.

7. Statutory warranty rights

7.1. The statutory warranty rights apply.

7.2. As a consumer, you are asked to check the goods promptly upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible.
Failure to do so has no effect on your statutory warranty claims.

8. Right of withdrawal

Information on the statutory right of withdrawal can be found in the withdrawal information (with model withdrawal form).
You may also withdraw from a specific order via Cancel contract.