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Terms of service
1. scope of application
For all orders via our online store by consumers and entrepreneurs, the following terms and conditions apply.
A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2 Contractual Partner, Conclusion of Contract
The purchase contract is concluded with Filippa Firenze GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The language available for the conclusion of the contract is German. We store the contract text and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is not accessible via the Internet.
4. delivery conditions
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers. We deliver only in the dispatch way. A self-collection of the goods is unfortunately not possible.
5. payment
In our store, the following payment methods are generally available:
PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
PayPal Plus
As part of the PayPal Plus payment service, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
- If you have chosen the PayPal payment method, in order to pay the invoice amount, you must be registered there or register first and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
- If you have chosen the payment method credit card, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment instruction and after your legitimation as a legal cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the order process.
- If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
- If you have chosen the payment method invoice, you do not need to be registered with PayPal to pay the invoice amount. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case, you can only pay PayPal with debt-discharging effect. For payment processing via PayPal apply - in addition to our terms and conditions - the terms and conditions and privacy policy of PayPal. For more information and the full terms and conditions of PayPal for purchase on account, please click here:
https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
Stripe Payments Europe
The processing of the payment methods credit card payment, GIROPAY, SOFORTÜBERWEISNG and SEPA LASTSCHRIFT is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, viewable at https://stripe.com/de/terms, to which the seller assigns his payment claim. Stripe collects the invoice amount from the specified credit card account or bank account of the customer. In case of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be charged immediately after sending the customer's order in the online store or 2 days by SEPA direct debit. The seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method credit card payment, SEPA direct debit, Giropay or SOFORTÜBERweisung via Stripe is selected.
Sofort (KLARNA)
When paying by Sofortüberweisung, the buyer can initiate payment for the ordered goods via his online banking account after placing his order. After selecting the payment method Sofortüberweisung in the order process, the buyer is directed via Wirecard directly to the secure payment form of SOFORT GmbH, Fußbergstraße 1, 82131 Gauting. SOFORT GmbH automatically takes over the payment process, which is comparable to an EC card payment with PIN, without the seller being able to see it. Just as with an EC card payment, SOFORT GmbH checks the availability of the buyer's account and makes a transfer to the seller if there is sufficient funds in the account.
More information about Sofortüberweisung can be found on the SOFORT homepage. If the customer pays by way of instant bank transfer immediately after placing his order, § 3 paragraph 2 of these terms and conditions shall apply with regard to the time of conclusion of the contract.
6. reservation of proprietary rights
The goods remain our property until full payment. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
7. transport damages
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
The following shall apply to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
8 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a warranty promise, if agreed upon
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
9 Liability
For claims based on damages caused by us, our legal representatives or agents, we are always liable without limitation
- in case of injury to life, body or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of warranty promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
10 Code of Conduct
We have submitted to the following codes of conduct: Trusted Shops Quality Criteria: http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf.
11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. final regulations
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
