1. Scope
These Terms and Conditions apply to all contracts concluded by a consumer or entrepreneur ("Customer") with us via the online shop figuya.com. Any conflicting or supplementary terms and conditions of entrepreneurs are hereby rejected.
2. Contracting Party
The purchase contract is concluded with Figuya GmbH, Wolfener Str 36, 12681 Berlin, Germany, Tel: +49 (0)30 577 011 989, Fax: +49 (0)30 577 011 987, Email: kontakt@figuya.de as the seller.
3. Contract Language, Contract Text Storage
The contract is concluded in German.
We do not store the contract text. Registered customers can view their order data in their customer account. Before submitting their order, each customer can print out the order data listed on the order overview page using their browser's print function or save it locally. In addition, customers will be sent the order data, the Terms and Conditions including customer information and the cancellation policy by email with/after conclusion of the contract. We do not provide any further access to the contract text.
4. Offer, Order, Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer from us, but merely an invitation to customers to place an order.
You can view the contents of the shopping cart at any time by clicking on the "Shopping Cart" button. By clicking on the "-/+" symbol, you can remove products from the shopping cart or add more at any time. If you want to purchase the products collected in the shopping cart, click on the "Proceed to Checkout" button. After entering your personal data, you will reach the order overview page via the "Continue" button, where all order data is displayed again. Before submitting the order, you have the opportunity to check all details, change them (also via the "Back" function of your browser) or cancel the order (e.g. by closing the browser window). By clicking on the "Buy" button, you complete the order process and at the same time submit a binding offer regarding the products in the shopping cart.
The time of conclusion of the contract depends on the payment method chosen by the customer (see Section 8).
5. Right of Withdrawal
If the customer is a consumer (§ 13 BGB), they are entitled to a right of withdrawal in the case of a distance contract. Details of the right of withdrawal can be found in the cancellation policy.
6. Prices and Shipping Costs
The prices stated on the product pages include the statutory value added tax and other price components.
In addition, we charge shipping costs for delivery. The specific shipping costs are displayed to the customer during the order process.
7. Delivery
Deliveries are made by shipping to the countries listed under "Shipping Information". Shipping is carried out by DHL.
Self-collection of goods is also possible.
8. Payment
We generally offer payment by bank transfer in advance, PayPal and SOFORT bank transfer. We reserve the right to exclude certain payment methods in individual cases.
Bank Transfer in Advance
For the payment method bank transfer in advance, we will provide you with our bank details in the order confirmation email. The purchase contract is concluded between you and us upon receipt of the order confirmation. The amount must be transferred within the period specified in the email. The goods will be shipped after receipt of payment.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods. You will always be redirected to the website of PayPal (Europe) S.à.r.l. et Cie. S.C.A., 22 - 24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). For payment processing via PayPal, the Terms and Conditions and the Privacy Policy of PayPal apply (in addition to our Terms and Conditions).
PayPal
PayPal is an online payment service from PayPal that offers a real-time payment solution. If you have selected "PayPal", you will be redirected to the PayPal website after completing your order. To be able to pay the invoice amount, you must be registered with PayPal (or register) and authenticate yourself with your login details. The payment transaction is automatically carried out by PayPal immediately after you confirm the payment instruction. Your PayPal account is directly debited with the purchase price and you receive a payment confirmation by email. The purchase price is immediately credited to our PayPal account. Your order will be shipped immediately after the credit. The purchase contract is concluded upon confirmation of the payment instruction.
Credit Card
You do not need a PayPal account for this payment option. After completing the order, you will be redirected to the PayPal website. The payment transaction is carried out immediately after confirmation of the payment instruction and your authentication as the legitimate cardholder by your credit card company at PayPal's request, and your card is charged. You will receive a payment confirmation by email. Your order will then be shipped. The purchase contract is concluded upon confirmation of the payment instruction.
Direct Debit
You do not need a PayPal account for this payment option. After completing the order, you will be redirected to the PayPal payment page. By confirming the payment instruction, you grant 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 you receive a payment confirmation by email. Your order will then be shipped. The purchase contract is concluded upon confirmation of the payment instruction.
Invoice
You do not need a PayPal account for this payment option. After completing the order, you will be redirected to the PayPal website. Here you enter all necessary data for the credit check. After successful address and credit check and submission of the order, we assign our claim to PayPal; the purchase price is immediately credited to us by PayPal (you can therefore only pay to PayPal with discharging effect). Your order will then be shipped. You will subsequently receive a payment slip from PayPal and an invoice from us. This is enclosed with the shipment. The purchase contract is concluded upon confirmation of the payment instruction.
SOFORT Bank Transfer by Klarna
SOFORT Bank Transfer by Klarna is an online payment service of SOFORT GmbH. To participate in SOFORT Bank Transfer, you need an activated online banking account with PIN/TAN procedure. After completing the order, you will be redirected to the SOFORT Bank Transfer payment form. Here you must identify yourself and approve the payment instruction using TAN. The payment transaction is carried out immediately thereafter by SOFORT Bank Transfer and your account is debited. We receive a real-time confirmation of the creation of the transfer. Your order will then be shipped. The purchase contract is concluded upon approval of the payment instruction.
9. Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
If the customer is an entrepreneur, we reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. The customer may resell the goods in the ordinary course of business; however, they assign all claims arising from this resale to us in advance - regardless of any connection or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we hereby accept this assignment. The customer remains authorized to collect the claims, but if the customer fails to meet their payment obligations to us, we may also collect the claims ourselves.
10. Transport Damage and Defect Notifications
If the customer is a consumer, the following applies: If goods arrive with obvious transport damage, please report such damage to the delivery person immediately and contact us. Failure to comply with this request has no consequences for your legal claims and their enforcement (e.g. warranty rights).
If the customer is an entrepreneur, the following applies: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. In addition, you must comply with the inspection and complaint obligations applicable to merchants and regulated in § 377 HGB. If you fail to give the notification regulated in § 377 HGB, the goods shall be deemed approved, unless it is a defect that was not recognizable during the inspection. The foregoing does not apply if we have fraudulently concealed a defect.
11. Warranty and Limitation
Unless otherwise stated below, the statutory warranty law applies.
For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse under § 478 BGB remain unaffected.
If the delivered goods are defective, we will initially provide warranty to entrepreneurs at our discretion by rectifying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened periods do not apply to claims for damages caused by us, our legal representatives or vicarious agents
- in case of injury to life, body or health
- in case of intentional or grossly negligent breach of duty and fraud
- in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
12. Liability
For claims for damages caused by us, our legal representatives or vicarious 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 and fraud,
- in case of guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence by us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, which must typically be expected. Otherwise, claims for damages are excluded.
13. Place of Jurisdiction, Applicable Law
If the customer is an entrepreneur, our registered office is the exclusive - including international - place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions and the respective contract; however, we are also entitled to bring an action at the place of performance. If the customer is a consumer, the place of jurisdiction is determined by the statutory provisions.
If the customer is an entrepreneur, German law applies to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Sales Convention. If the customer is a consumer, the applicable law is determined by the statutory provisions.
14. Severability Clause
If any of the above provisions is wholly or partially invalid, all other provisions shall remain unaffected.
15. 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 neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: February 28, 2018