General terms and conditions of business

GENERAL TERMS AND CONDITIONS OF BUSINESS

scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Retention of title
Limitation of liability
Liability for defects (warranty)
Redemption of promotional vouchers
Festberg Premium Shipping
Applicable law
Alternative dispute resolution

1) SCOPE

1.1 These General Terms and Conditions (hereinafter "GTC") of the website operator "Festberg (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by telephone or email.

2.3 The Seller may accept the Customer’s offer within ten days,

by sending the customer a shipping confirmation in text form (fax or e-mail), whereby the receipt of the shipping confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing his order.

2.4 If the payment method “PayPal Express” is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 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/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he or she also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the order process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending his order together with these terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 After the order has been placed, cancellation is no longer possible. The statutory right of cancellation according to §13 BGB and our cancellation policy applies.

2.9 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.10 When ordering tobacco products, the customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is permitted to receive the goods.

3) RIGHT OF WITHDRAWAL

3.1 Consumers according to Section 13 of the German Civil Code (BGB) generally have a right of withdrawal.

3.2 Products that come with a 30-day money-back guarantee can be returned within 30 days of purchase without giving any reason. This does not affect the right of withdrawal.

You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period is 30 days from the completion of the order. You must return the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the withdrawal from this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

3.3 Further information on the right of withdrawal can be found in the seller’s cancellation policy .

3.5 If the cancellation is explained too late and the return arrives late at the return warehouse, the return can be destroyed free of charge or, depending on the weight and size of the package, sent back to the customer at a cost.

3.6 We do not cover the shipping costs incurred when registering a return and these must be paid by the customer. All products are sent to the customer free of charge, which is why we cannot additionally cover the return costs.

3.7 The goods declared for cancellation by the customer must be returned to us complete and in new condition. You must pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. Used or damaged goods are excluded from cancellation.

3.8 Cancellation and warranty are excluded for products that are the result of improper use of the products, wear and tear through use. These are not covered by our cancellation right or warranty and cannot be claimed as such by the customer.

3.9. The Customer acknowledges and agrees that any taxes, duties or fees incurred in returning purchased items are solely the Customer's responsibility and not that of the Seller. In addition, the Customer is responsible for the delivery costs associated with returning the item to the Seller. This includes any applicable shipping fees or costs associated with the return. By initiating a return, the Customer agrees to bear these costs and understands that the Seller is not liable for any such costs incurred in the return process.

4) PRICES AND PAYMENT CONDITIONS

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices. The customer is responsible for any additional fees. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 In individual cases, deliveries or returns may incur additional costs for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 You are responsible for reading the full product listing before purchasing a product. By confirming your purchase, you agree to pay all applicable fees, taxes, shipping charges and any other amounts related to your purchase (shipping or return). In addition, you acknowledge that you are responsible for sales tax, VAT and customs duties, where applicable. You agree that you will act as the importer of the products purchased, if any, and hereby authorize us to appoint a freight forwarder to act as your direct agent and pay sales tax, VAT and customs duties on your behalf. Please note that sales tax, VAT, customs duties and similar charges levied at the time of purchase are estimated values and may change depending on applicable law. In the event that additional amounts are levied, you will be responsible for them. We will not be liable if customs clearance of a product is delayed or denied due to your failure to pay such amounts. If a purchase is made pursuant to a shipment contract, risk of loss and title for the product pass to you upon our delivery of the product to the carrier.

4.5 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.6 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 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/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. If the specified delivery address turns out to be incorrect and the shipment cannot be delivered, the service is still considered to have been provided and the customer bears the delivery costs (depending on the weight and size of the package) for the unsuccessful shipment.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered. In the event of a return of the goods, the customer undertakes to bear the transport and delivery costs (depending on the weight and size of the package).

5.3 Self-collection is not possible for logistical reasons.

5.4 The delivery time can be found in our shipping information. The delivery times are estimated and can vary due to external factors (Corona pandemic). In most cases, the order will reach the customer after 7-10 working days. In certain cases, the delivery time can take 45 days. All orders are sent directly to the customer by our international business partners. Any customs fees incurred are to be borne by the customer.

5.5 We will not be responsible for any shipping costs incurred when registering a return and these must be paid by the customer. All products are sent to the customer free of charge, which is why we cannot cover the return shipping costs.

5.6 If delivery to the customer is not possible, the goods will be kept in our warehouse for 3 days and can be delivered to the customer free of charge. If we do not receive a response to confirm the address despite a request, the customer must bear the resulting storage and shipping costs depending on the weight and size of the package .

5.7 Delivery to Germany is free of charge. Delivery costs may apply for deliveries to other countries. These are shown to the customer during the ordering process. By submitting the order, the customer agrees to the delivery costs.

6) RESERVATION OF TITLE

If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

7) LIMITATION OF LIABILITY

The seller’s liability for all business activities is limited to a sum of €500.

8) LIABILITY FOR DEFECTS (WARRANTY)

8.1 If the purchased item is defective, the statutory liability for defects applies.

8.2 Notwithstanding the above, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year does not apply

for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.

8.3 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.

8.4 Defects in the goods that are caused by improper use of the products, wear and tear through use are not covered by our liability for defects and cannot be claimed as defects by the customer.

9) REDEMPTION OF DISCOUNT CODES

9.1 Discount codes issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer can only be redeemed in the Seller's online store and only during the specified period.

9.2 Discount codes can only be redeemed by consumers.

9.3 Individual products may be excluded from the discount if a corresponding restriction arises from the content of the discount code.

9.4 Discount codes can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one discount code can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the discount code. Any remaining balance will not be refunded by the seller.

9.7 If the value of the discount code is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

9.8 The balance of a discount code will not be paid out in cash or accrue interest.

9.9 The discount code will not be refunded if the customer returns the goods paid for in whole or in part with the discount code within the scope of his legal right of withdrawal.

9.10 The discount code is only intended for use by the person named on it. Transferring the discount code to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective discount code holder.

10) FESTBERG PREMIUM SHIPPING

10.1 Festberg Premium Shipping speeds up the processing time, but not the shipping time of the transport company. The order will be processed with priority.

10. 2 In case of cancellation, the premium shipping will not be refunded.

11) APPLICABLE LAW

All legal relationships between the parties are governed by the law of Hong Kong/China. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

12) ALTERNATIVE DISPUTE RESOLUTION

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.