General Terms and Conditions (GTC)
The following terms and conditions apply to all purchase agreements concluded via this website:
Your provider and contractual partner fenou is an offer from:
EVERYIN GmbH
Lohmühlenstraße 65
12435 Berlin
Managing Director: Nina Schmidt
Commercial register entry: Charlottenburg District Court HRB 248144 B
VAT ID: DE341874960
§1 Scope
(1) The following General Terms and Conditions (hereinafter referred to as "GTC") apply to the business relationship between the customer, including its legal successors, and EVERYIN GmbH (hereinafter referred to as "fenou") via the online shop www.fenou.eu, including any domains redirected to it, this is a contract concluded for the delivery of goods offered by fenou. All deliveries, services, and offers from fenou are exclusively based on these terms and conditions.
(2) For the purposes of Section 1 (1), customers are both consumers and businesses. A consumer is any natural person whose purpose in placing an order cannot be attributed to a commercial, self-employed, or freelance activity. In contrast, a business is a natural or legal person or a partnership with legal capacity that places an order for commercial, self-employed, or freelance purposes. These terms and conditions also apply to future business relationships with businesses without the need for further notification. If the business uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
§2 Ordering and conclusion of a contract
(1) The presentation of products in the online shop www.fenou.eu This does not constitute an offer, but merely an invitation to place an order. You can order goods by completing the electronic ordering process via our online shop. Selecting one or more products places them in your virtual shopping cart. All products in the shopping cart can be viewed there. You can also change the quantity of ordered products or remove products from the cart. Clicking the "Checkout" button will prompt you to enter the information relevant for shipping and to select a payment method. Before finalizing your order, you will be shown a summary of all relevant order information. Clicking the "Buy" button completes the ordering process.
(2) Your order constitutes a binding offer. Confirmation of receipt of the order follows immediately after submission and does not yet constitute acceptance of the contract. We can accept your order by sending a shipping confirmation via email or by delivering the goods within five days.
(3) Our promotional offers are non-binding unless otherwise agreed or stated.
(4) If you wish to change your order or have questions about returns, you can contact us by email at support@fenou.de.
§3 Prices
Orders are subject to the prices listed for the products at the time of ordering. All prices include German VAT and are exclusive of shipping costs. Additional costs will be calculated separately.
§4 Delivery Terms
(1) Germany: Delivery within Germany costs €4.90 and is free of charge for orders over €50.Other EU countries: Delivery to other EU countries costs €7.90 and is free for orders over €70. Switzerland: Delivery to Switzerland costs €17.90 (including customs duties) and is free for orders over €90.
(2) fenou reserves the right to make partial deliveries if this is advantageous for prompt processing and is reasonable for you. In the event of partial deliveries, fenou will bear the resulting costs.
(3) Delivery is made via GLS to the specified delivery address within Germany. Delivery takes 2-4 working days.
(4) If a buyer does not accept the goods, fenou may, after a period of 2 weeks, sell the goods to a third party and hold the original buyer liable for any loss incurred.
(5) If the goods are unavailable due to force majeure or product discontinuation, or if fenou is unable to procure the ordered products under reasonable conditions, and if these circumstances arose only after the conclusion of the contract and are not attributable to fenou, then fenou shall be released from its delivery obligation. In the event of occurrences that significantly impede or render impossible fenou's delivery – for example, strikes, lockouts, official orders, or similar events – fenou shall not be responsible for delays, even with regard to bindingly agreed deadlines and dates.
(6) If you exercise your right of withdrawal, the return shipment is free of charge for you.
§5 Payment Terms
(1) For orders, we offer the following payment methods: credit card (Visa, Mastercard, American Express), invoice, direct debit, PayPal and instant bank transfer. We reserve the right to exclude certain payment methods.
(2) If you pay by credit card, your credit card account will be charged immediately after the order is completed.
(3) In cooperation with Klarna Bank AB (publ)At Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:
- Invoice: Payment is due within 14 days of shipment. Full invoice terms and conditions can be found here: Germany, Austria, Switzerland.
- Instant bank transfer: Pay for your purchase directly after placing your order using your usual online banking details. Learn more at https://www.klarna.com/sofort/
- Direct debit: The amount will be debited after the goods have been shipped. You will be notified of the exact date by email. Further information can be found here. here.
- Credit card (Visa/Mastercard): Available in Germany. Charges are processed after shipment of goods or tickets/availability of the service, or, in the case of a subscription, according to the communicated schedule.
The use of payment methods such as invoice, installment purchase, and direct debit requires a positive credit check. Further information and Klarna's terms of use can be found here. hereGeneral information about Klarna is available here. hereYour personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in [link to privacy policy]. Klarna's privacy policy treated.
§6 Transfer of Risk
For consumers, the risk of unforeseen loss or accidental damage to the ordered goods passes to the consumer or a recipient designated by them upon delivery. This applies regardless of whether the shipment is insured or not.In all other cases, the risk of unforeseeable loss and accidental deterioration of the ordered goods passes to the buyer upon delivery, or, in the case of mail order purchases, upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.
§7 Retention of Title
(1) For consumers, we retain title to the goods until full payment of the invoice amount. If you are an entrepreneur acting in the course of your commercial or independent professional activity, a legal entity under public law, or a special fund under public law, we retain title to the goods until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
(3) If the customer is in default of any payment obligations to us, all outstanding claims will become due immediately.
For questions regarding the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, as well as for the revocation of granted consent, please contact: support@fenou.de
§8 Set-off and right of retention
If you are an entrepreneur, the following applies:
You are only entitled to set-off if your counterclaims have been legally established or are undisputed or acknowledged by us, unless your counterclaim is based on the same contractual relationship. Similarly, any right of retention only exists if and to the extent that your counterclaim is based on the same contractual relationship.
§9 Defects/Warranty
The statutory warranty regulations apply. Important note: Please consult your doctor if you have any known intolerances. The same applies to possible interactions with other products you are taking at the same time.
§10 Data Protection
For information on data protection, please refer to the provisions of our privacy policy.
§11 Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR platform), which can be found at www.ec.europa.eu/consumers/odr Our contact details are available online. We are obligated to participate in dispute resolution proceedings. You can find our email address in our legal notice. A list of contact details for recognized dispute resolution bodies can be found at [link to list]. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show
§12 Disclaimer
(1) fenou is liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions. In particular, fenou is only liable for damages resulting from intentional or grossly negligent conduct, unless the damages involve injury to life, body, or health, or a breach of essential contractual obligations (cardinal obligations). Essential contractual obligations (cardinal obligations) are those obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely. In the latter case, fenou's liability is limited to compensation for foreseeable damages that typically occur. These limitations of liability do not apply if fenou has fraudulently concealed a defect or assumed a guarantee for the quality of the goods. Claims based on product liability law remain unaffected.
(2) The provisions of the preceding paragraph shall also apply mutatis mutandis to the benefit of fenou's legal representatives, executive officers and agents.
§13 Jurisdiction/Place of Performance/Contract Language/Choice of Law
(1) If the customer does not have a residence within the European Union, Berlin shall be the place of jurisdiction. In transactions with consumers within the European Union, the law of the consumer's place of residence may also apply, provided it is mandatory consumer protection law. If the customer is a merchant, a legal entity under public law, or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
(2) The place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, is our registered office.
(3) The language of the contract is German.
(4) These Terms and Conditions and all other relations between fenou and the customer are governed by German law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
§14 written form
Any changes or additions to these terms and conditions must be in writing.
§15 Severability clause
If individual provisions of this contract, including this clause, are wholly or partially invalid, or if the contract contains a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected.