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Terms and Conditions for the shop

of OUTFOX GmbH & Co. KG („OUTFOX“)

 

§ 1 General


Your contractual partner for all orders made through this online service is OUTFOX GmbH & Co. KG, Mettmanner Strasse 25, 40699 Erkrath, represented by its Director Kai-Uwe Kühl.


Commercial Register: HR A 22 940, Amtsgericht Wuppertal, Tax ID number DE 254473818.


All deliveries from OUTFOX to the customer are based on the following General Terms and Conditions. These underlie all offers and agreements between the customer and OUTFOX and are valid for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if OUTFOX has acknowledged these in writing.


§ 2 Responsibility for Online Offer


(1) Where OUTFOX provides links to other sites, OUTFOX expressly states that there is third-party content and OUTFOX can take no responsibility for the content. The linked pages were checked at the time of linking for possible legal violations, but such were not identified. An ongoing monitoring of the linked pages without concrete evidence, however, is not reasonable. Upon notification of violations, OUTFOX will of course immediately remove the relevant links.


(2) Copyright protected content, particularly images, text, design, etc. may not be used without prior written permission of OUTFOX, especially not reproduced, published or otherwise.


§ 3 Conclusion of Contract


(1) The information contained on the website offers a non-binding invitation for the customer to order from OUTFOX. Errors during the ordering process can be corrected by the customer by correcting the shopping cart contents. Therefore, the careful checking before sending the order is particularly important. By clicking the button "Send Order", the customer makes a binding offer to purchase the contents of the basket. The confirmation of the order follows immediately after sending the order but does not constitute acceptance customer’s offer by OUTFOX. OUTFOX can accept the order by the sending of an express order confirmation by e-mail or through delivery of the goods within five days.


(2) The contract is concluded, subject to the timely and correct delivery of OUTFOX’s suppliers. This only applies in the event that it is not a short-term supply disruption and OUTFOX is not responsible for the non-delivery, particularly when OUTFOX neglects to conduct a congruent hedging transaction in time. The customer will be informed of the unavailability of the service immediately. If the payment has already been provided by the customer, it will be refunded.

 

(3)  OUTFOX sells all products only in normal household quantities.


§ 4 Delivery / Shipping


(1) Delivery takes place only within Germany.


(2) Delivery is supplied by a shipment service provider chosen by OUTFOX. The customer is to pay the delivery costs.  The postage and handling fee for each order is a once-off 5,90 EUR, in partial shipments the fee is charged once only. Upon delivery to the German islands surcharges may apply. The shipping costs will be shown to the customer upon confirmation of the shopping cart contents before the order is sent. 


(3) Deliveries to PO Boxes or call-off deliveries are not possible. For bulky items, we charge the actual occurring delivery costs. Additional deliveries will be sent free of postage and packaging costs. Please specify a telephone number where you can be reached during the day. Orders are shipped only when all previous orders have been paid. The goods remain the property of OUTFOX until full payment has been received.


§ 5 Prices


(1) For customers ordering from EU states the given prices are the final prices. They include the statutory incidental taxes, in particular Value Added Tax. Shipping costs are billed separately and shown. The deciding factor is the delivery address.


 (2) The purchase price and delivery costs are payable immediately without deduction.

§ 6 Payment


(1) Form of payment can be chosen by the customer via credit card or advance payment.
OUTFOX reserves the right to limit the choices of payment methods between which customers can choose depending on order value, shipment region or other objective reasons.

 


(2) Insofar that the customer's chosen payment method is not possible and OUTFOX has met its contractual obligations particularly because of due to lack of funds or incorrect information is not possible, the customer is to replace the resulting additional costs to OUTFOX or the by OUTFOX appointed third party.


(3) OUTFOX is entitled to use trustworthy third parties in processing the payment for the services:


a) In case of non-payment by the customer OUTFOX may transfer its claims to a debt collection agency and transfer the personal data necessary for payment to that third party.


b) In the event that a third party is involved in the payment processing, the payment in relation to OUTFOX only counts as made, if the amount has been provided contractually to the third parties, so that the third party has the payment available.


§ 7 Retention of ownership


(1) Until full payment of the delivered goods is made, the goods remain the property of OUTFOX. If the customer is a merchant within the definition of the Commercial Code, OUTFOX retains ownership of all deliverables until all payments from the business relationship have been made.


(2) The customer is obliged to handle the goods with care until the transfer of ownership is completed.


§ 8 Warranty


(1) If a defect covered by warranty is present, the customer is entitled, in accordance with statutory provisions, to demand supplementary performance, to withdraw from the contract or to reduce the purchase price. An assignment of warranty claims by the purchaser to a third party is excluded.


(2) In the case of return shipments due to defects, OUTFOX will also assume the cost of postage.


(3) The claims of the customer from warranty require that the latter, unless the customer is a merchant, complies with his obligation under § 377 HGB to comply with inspection and complaint.


(4) The limitation period for claims under warranty for the goods provided is two years from receipt of the goods. For businesses, the period of limitation is one year.


(5) If the delivered items have obvious material or manufacturing defects, including transport damage, please send such complaints about defects immediately to OUTFOX GmbH & Co. KG (telephone: 0211-544 131 81 or e-mail: shop@outfox-wear.com).


(6) Data communication via the internet cannot be guaranteed to be constantly available, considering the current state of technology is not error-free and / or available at all times. OUTFOX is not liable for the continuous and uninterrupted availability of the online service.


§ 9 Limitation of Liability


(1) The liability of OUTFOX is based in accordance with statutory provisions, insofar as in these are not stated differently in these general terms and conditions. OUTFOX is only liable for damages without limit, on whatever legal grounds, by intentional and gross negligence. In addition OUTFOX accepts unlimited liability in cases of simple negligence, for damages from injury to life, limb or health. In the case of simple negligence and breach of an essential contractual obligation (cardinal obligation) the liability of OUTFOX to compensation for the foreseeable, typically occurring damage is limited. Liability under the Product Liability Act remains unaffected by the above provisions.


(2) Where the liability of OUTFOX in these general terms and conditions is excluded or limited, this also applies to the personal liability of employees, workers, colleagues, representatives and agents of OUTFOX.


§ 10 Information of the Right to revocation

 

(1) Revocation right


Consumers may cancel their contract within 14 days without giving any reasons in text form (e.g. letter, fax, e-mail) or - if the goods are received before the deadline expires – also through the return of the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 1 and 2 draft Law, as well as our duties according to § 312g-section 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is seen to be complied with by the timeous sending of the withdrawal or goods.
The revocation must be sent to:

OUTFOX GmbH & Co. KG
 
Mettmanner Str 25, D-40699 Erkrath
shop@outfox-wear.com
Fax 0211-544 131 81

 

(2)  Consequences of Revocation
In the case of an effective withdrawal, the mutually received benefits and any additional benefits (e.g. interest) must be returned. Can the service received and benefits (e.g. usage advantage) not or partly or only in deteriorated condition be refunded or released, compensation to the worth is due. For the deterioration of the goods and usage benefits, compensation shall be paid only as far as usage or the deterioration can be attributed back to a handling of the goods, which goes over and above the testing of the characteristics and functionality. Under the term "examination of the characteristics and functionality" it is understood the testing and evaluation of the current item, as it is available in the store and is normally done.

Items which are able to be returned as a package, are to be sent back at our risk. The customer carries the regular costs of the return, When the delivered goods correspond with the ordered goods and the price of the returned goods does not exceed 40 euros, or if the customer at a higher good price at the time of withdrawal had not yet made full payment or paid a contractually partial payment. Otherwise, the return is free of charge. Non-parcel goods shall be collected from customers. Obligations to reimburse payments must be made within 30 days. The period begins for the customer with the dispatch of the revocation or the goods, for OUTFOX with their receipt.

 

(End of information of the right to revocation)

 


§ 11   Exclusion of revocation

 

This right does not apply to distance contracts for the supply of goods, which are made by OUTFOX due to customer specifications or clearly tailored to personal needs of the customer.

 


§ 12 Place of Jurisdiction - Place of Fulfillment - Choice of Law


(1) Performance location for all deliveries is the headquarters of OUTFOX in Erkrath.


(2) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or public special estate, it is Wuppertal’s jurisdiction. OUTFOX in this case is also entitled to sue the customer at the discretion of OUTFOX at the customer’s resident court. The same applies in the event that the customer has no general jurisdiction in Germany, moved his place of residence or usual abode abroad, or his domicile or habitual residence is unknown at the time that legal action is taken, after the contract is concluded.


(3) The contract is solely governed in accordance with these general terms and conditions by the laws of the Federal Republic of Germany. The UN International Sale of Goods is excluded. If the customer is a consumer in terms of § 13 BGB and has his habitual residence abroad, the binding regulations of this country remain untouched.


(4) If individual provisions of these general terms and conditions are ineffective or oppose the statutory requirements, the validity of the contract remains unaffected.

OUTFOX GmbH & Co. KG 06/2012

 

Data Protection

In all processes of data processing OUTFOX shall follow the legal regulations.  Data necessary to complete the transaction will be stored and passed on to the necessary to service providers contracted by OUTFOX.

 

Furthermore, address and order data is collected and processed by OUTFOX for marketing purposes.

 

Please note:

You can oppose the use, processing and transfer of your personal data for marketing purposes at any time by sending an informal message to OUTFOX (post: OUTFOX GmbH & Co. KG, Mettmanner Str 25, D-40699 Erkrath or email shop@outfoxwear.com) . This does not include the data necessary to process your order. Upon receipt of your objection, OUTFOX will no longer use the data in question other than to process and transfer your order.  OUTFOX will discontinue the sending of advertising material to you.