Conditions

Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (4falt Handels GmbH) via the website www.4falt.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of Contract

(1) The subject of the contract is the sale of goods .

(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button  (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview again, change it (also by using the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, which concludes the contract.
 
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually Designed Goods

(1) You must provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any specifications from us regarding file formats must be observed.
 
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims of third parties asserted in this context. This also applies to the costs of the necessary legal representation in this context.
 
(3) We do not check the transmitted data for factual accuracy and therefore accept no liability for errors.

§ 4 Conclusion of Contract for Courses

(1) The subject of the contract is the execution of courses.
By placing the respective course offering on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the respective course description.

(2) The contract is concluded via the online shopping cart system as follows:
The courses intended for booking are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option to review the information in the order overview again, change it (also by using the "back" function of the internet browser), or cancel the order. 
By submitting the order via the corresponding button, you declare your legally binding acceptance of the offer, which concludes the contract.

(3) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 5 Provision of Services for Courses

(1) The courses are conducted in the form described in the respective offers on the agreed dates.

(2) Insofar as the conduct of the courses depends on the number of participants, the minimum number of participants results from the respective offer.
If the minimum number of participants is not reached, we will inform you in text form (e.g., by e-mail) at least 7 days before the start of the course that the booked course will not take place. Any services already rendered will be refunded immediately in this case.

(3) In the event of cancellation of a single event due to short-term absence of the course instructor due to illness or other important reason, any services already rendered will be refunded immediately.
For events consisting of several event dates, if a date is cancelled due to short-term absence of the course instructor due to illness or other important reason, the cancelled date will be rescheduled for an alternative date.

(4) In connection with the use of course rooms and objects, you must comply with the house rules displayed locally. You must follow our instructions or the instructions of the course instructor.

§ 6 Replacement Participants

You may name a replacement participant at any time before the course begins. There are no costs for this rebooking.

§ 7 Special Agreements on Offered Payment Methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
  • Sofortüberweisung ("Pay Now")
Further information on Klarna as well as the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Further information on Klarna as well as the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
 
(2) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, "PayPal" may use further payment services; if special payment conditions apply for these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via "Shopify Payments"
If you choose a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed to you under a correspondingly designated button on our website and in the online ordering process. For payment processing, Stripe may use further payment services; if special payment conditions apply for these, you will be informed of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

§ 8 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 9 Warranty

(1) The statutory liability for defects applies.

(2) Insofar as you are informed by us before submitting the declaration of contract and this has been expressly and separately agreed, the limitation period for defect claims for used goods is one year from the date of delivery of the goods. The above restriction does not apply:

- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or have given a guarantee for the quality of the goods.
 
(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed upon between the contracting parties.

§ 10 Choice of law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).

(2) The place of performance for all services arising from existing business relationships with us and the place of jurisdiction is our registered office, unless you are a consumer but rather a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.

§ 11 Protection of minors

(1) When selling goods that fall under the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Existing age restrictions are indicated in the respective item description.

(2) By submitting your order, you confirm that you have reached the legally prescribed minimum age and that your name and address details are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery who have reached the legally prescribed minimum age receive the goods.

(3) If we are obliged to carry out an age check due to legal provisions, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification.

(4) If we indicate in the respective item description that you must have completed your 18th year of life to purchase the goods, beyond the legally prescribed minimum age, the above paragraphs 1-3 apply with the proviso that legal age must be met instead of the legally prescribed minimum age.




II. Customer Information

1. Identity of the seller

4falt Handels GmbH
Zum Steckengarten 30
63322 Rödermark
Germany
Phone: 060749197337
Email: bh@4falt.de


We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, as part of a binding offer, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have subjected ourselves to the Trusted Shops buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

4.2. We have subjected ourselves to the quality criteria of Trusted Shops GmbH, viewable at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential characteristics of the goods or service

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

6.1. The prices quoted in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

6.2. The incurred shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping is promised.

6.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4. Incurred costs of money transfer (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is to an EU member state, but the payment was initiated outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.

6.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6.7. Unless otherwise agreed, payment for courses booked must be made at the latest on the course date on site before the start of the course, otherwise there is no right to participate.

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

8. Statutory liability for defects

The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These General Terms and Conditions and customer information have been created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22.10.2024