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Terms and conditions

1. Scope of application
 2. Conclusion of the contract
 3. Right to cancel
 4. Price and delivery costs
 5. Shipment and delivery conditions
 6. Liability for defects
 7. Law and jurisdiction
 8. Alternative dispute resolution

1. Scope of application



1.1. These Terms and Conditions of the company Flux Design Products GmbH (hereinafter referred to as "the Seller”) shall apply to all contracts concluded between a consumer or trader (hereinafter referred to as "the Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is objected to herewith, unless other terms have been stipulated.

1.2. A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

2. Conclusion of the contract



2.1. The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2. The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalising the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.

2.3. The Seller may accept the Client's offer within five days

  • by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
  • by requesting the Client to pay after he or she placed his or her order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of those alternatives first occurs. If the seller does not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his or her statement of intent.

2.4. The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.

2.5. The content of the contract will be stored by the Seller and sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted the order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided that the Client has created a customer account in the online shop prior to submitting his or her order.


2.6. The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his or her binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected there as well, via the usual keyboard and mouse function.

2.7. The contractual language is English.

2.8. Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he or she provides for the order processing is accurate so that e-mails sent by the Seller can be received at that address. In particular, it is the Client's responsibility, if spam filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3. Right to cancel



Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.

4. Price and delivery costs

 



4.1. Unless otherwise stated in the product descriptions, prices indicated are end prices and include statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2. Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3. When payments are made using a payment method offered by PayPal, payments are handled via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full?locale.x=en_GB. In case the Client has no PayPal account, the conditions applicable for payments without a PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

 

5. Shipment and delivery conditions



5.1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.

5.2. If delivery to the Client is not possible, the assigned transport company will return the goods to the Seller and the Client will bear the cost of the unsuccessful dispatch. This shall not apply if the Client is not responsible for the circumstances that render delivery impossible, or if he or she has been temporarily prevented from receiving the goods ordered, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.

5.3. The risk of accidental destruction and accidental deterioration of the goods sold shall in principle be transferred to the Client when they come into the physical possession of the Client or a person nominated by the Client to take possession of the goods. If the Client acts as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred on delivery of the goods to a qualified transport person at the Seller's place of business.


5.4. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay, and payments made by the Client will be immediately refunded.

6. Liability for defects



6.1. The statutory consumer rights will apply.

6.2. If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.



7. Law and jurisdiction



7.1. If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by British law, there being no recourse to the UN Convention on Contracts for the International Sale of Goods, and the courts of the state where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.

7.2. If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law, there being no recourse to the UN-Convention on Contracts for the International Sale of Goods, and the courts of the state where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.

8. Alternative dispute resolution



On its website, the EU Commission provides the following link to the ODR platform:
https://ec.europa.eu/odr

The Seller is neither obliged nor prepared to submit to a dispute settlement procedure before an alternative dispute resolution entity.