Algemene verkoopvoorwaarden
ALGEMENE VERKOOP VOORWAARDEN
- General
The purchase contract is formed with:
Farm & Stable GmbH & Co. KG
Zum Scherbusch 6a | 51674 Wiehl | Deutschland
represented by the directors Nelson Kilbey, Lionel Kilbey, and Tim Kilbey.
These terms and conditions apply to all deliveries to consumers (as defined by the Consumer Rights Act 2015) and businesses (as defined by the Consumer Rights Act 2015). Specific provisions for businesses are appropriately marked. A consumer is any individual who enters into a transaction for purposes that are outside their trade, business, or profession. A business is any entity that is not a consumer.
- Contracting Parties and Formation of Contract
2.1 General Formation of Contract
The presentation of a product on our website or in our catalogue does not constitute a legally binding offer. The customer is invited to make an offer by placing an order.
Using PayPal, immediate bank transfer, or similar payment methods does not conclude a contract until confirmed by us. The acceptance of the offer (and thus the conclusion of the contract) is confirmed in writing (e.g., email), where the processing of the order or delivery of the goods is confirmed, or by dispatching the goods.
2.2 Formation of Contract for Online Orders
For online orders, the customer's offer to enter into a purchase contract with us is only accepted upon our order confirmation.
The items selected for purchase are added to the "shopping cart." By clicking the relevant button in the navigation bar, the customer can access the "shopping cart" to make changes. After proceeding to the "checkout" page and providing personal data, payment, and shipping details, all order data is displayed again. The customer can review, modify, or cancel the order before submitting it. Clicking the appropriate button ("place order") constitutes a binding offer. An automatic email acknowledging receipt of the order does not conclude the contract.
If the customer has not received an order confirmation or notification of dispatch within 72 hours, they are no longer bound by the order. Any payments already made will be promptly refunded.
Within 72 hours of receiving the confirmation of receipt of their order, the customer will receive the order confirmation containing the contract text and all necessary information for order processing. This constitutes acceptance of the customer's offer, concluding a binding purchase contract.
The contract text, including the order details and terms and conditions, is stored after the contract is concluded. Additionally, it can be requested by the customer via email and will be sent by email.
- Right of Withdrawal for Consumers
3.1 Cancellation Policy
As a consumer, you have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day you or a third party designated by you, who is not the carrier, receives the goods.
To exercise your right of withdrawal, you must inform us (Farm & Stable GmbH & Co. KG, Zum Scherbusch 6a | 51674 Wiehl | Deutschland, +49 (0) 2261 81626-0, info@fsah.com., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can also use the withdrawal form available on our website.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
3.2 Consequences of Withdrawal
If you withdraw from the contract, we will reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we receive notification of your withdrawal from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
3.3 Return Shipping Costs
You are responsible for arranging and covering the costs of returning the goods.
- Prices, Payment, and Shipping
4.1 Prices
The prices listed in our offers and on our website represent net prices. VAT is applied at the prevailing rate. The prices displayed on our webshop include all applicable taxes and charges, excluding shipping and repair services.
We reserve the right to adjust prices due to factors such as changes in transport costs, material costs, labour costs, energy costs, taxes, and currency fluctuations, provided they affect our services.
4.2 Payment Methods
We accept PayPal, credit/debit card, bank transfer, and other methods as indicated at checkout.
4.3 Payment Terms
Payment is due upon order confirmation. We reserve the right to cancel an order if payment is not received within the specified timeframe.
- Delivery Conditions
5.1 Partial Deliveries
If not all ordered products are in stock, we reserve the right to make partial deliveries at our expense, provided this is acceptable to you.
5.2 Unsuccessful Delivery Attempts
If delivery fails despite three attempted deliveries, we reserve the right to withdraw from the contract. Any payments made will be promptly refunded.
5.3 Supplier's Non-Delivery
If the ordered product is unavailable due to reasons beyond our control and we are unable to obtain it from our supplier, we reserve the right to withdraw from the contract. In such cases, we will inform you promptly and, if possible, offer delivery of a comparable product. If no comparable product is available or you do not wish to receive one, we will refund any payments made without undue delay. The burden of proof for the lack of delivery by our supplier lies with us.
- Warranty for Consumers
Warranty claims for consumers are governed by statutory provisions.
- Warranty for Businesses
7.1 Obligation to Notify of Defects
Warranty claims of the buyer require that the buyer has fulfilled their obligations to inspect and give notice of defects.
7.2 Limitation Period
Warranty claims expire 12 months after delivery of the goods to the buyer. Prior to returning the goods, our consent must be obtained.
7.3 Rectification
If, despite all due care, the goods supplied have a defect that already existed at the time of the transfer of risk, we will either rectify the defect or deliver replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period. Claims for recourse remain unaffected by the above regulation.
7.4 Withdrawal from the Contract
If rectification fails, the buyer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
7.5 Exclusion of Grounds for Defects
Warranty claims do not exist in the case of only minor deviations from the agreed quality, only minor impairment of usability, normal wear and tear, or damage arising after the transfer of risk due to faulty or negligent handling, excessive strain, unsuitable operating materials, or due to special external influences that are not assumed under the contract. The same applies if the customer or third parties carry out improper repair work or modifications.
7.6 Transport of Goods
Claims of the buyer for necessary expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour, and material costs, are excluded to the extent that expenses increase because the goods delivered by us have subsequently been taken to a location other than the buyer's branch office, unless the transfer corresponds to their intended use.
7.7 Recourse Claims
Recourse claims of the buyer against us exist only to the extent that the buyer has not made any agreements with their customers beyond the statutory warranty claims. The scope of the buyer's recourse claim against the supplier is also determined by paragraph 6 accordingly.
- Liability
8.1 Liability of the Provider
The provider is fully liable for damages resulting from injury to life, body, or health, in cases of intent or gross negligence, under the Product Liability Act, or where mandatory statutory regulations apply.
8.2 Liability for Minor Negligence
Insofar as essential contractual obligations are affected, the provider's liability for slight negligence is limited to the typical, foreseeable damage.
8.3 Minor Negligence
Liability for slight negligence is excluded.
8.4 Availability of the Webshop
Given the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or always available. The provider is not liable for the continuous or uninterrupted availability of the webshop and the services offered therein.
- Choice of Law, Place of Performance, Jurisdiction, Language of Contract
9.1 Choice of Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
9.2 Place of Performance, Jurisdiction
The place of performance for all services from the business relationships with the provider and the jurisdiction is the provider's registered office, provided the customer is not a consumer but a merchant, legal entity under public law, or special fund under public law.
9.3 Language of Contract
The contract language is English