Terms and Conditions
Contractual conditions within the framework of purchase contracts via the platform https://www.fitzandhuxley.com
Fitz & Huxley GmbH
Storkower Str. 115
Register Court: Berlin-Charlottenburg, Commercial Register No. HRB 190197B | Headquarters: Berlin | CEO: Lars Meßmann
Phone: +49 (0)30 2352 3909
email: [email protected]
– Referred to in the following as “Supplier” –
the users of this platform referred to in paragraph 2 of these Terms and Conditions – hereinafter referred to as “Customer/Customer.”
§ 1 Area of Application
The following terms and conditions in the version valid at the time of the order shall exclusively apply to the business relationship between the supplier and the customer. Deviating conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
(1) The customer can select products from the supplier’s product range and collects them via the button “add to shopping cart”. Using the “order now” button, s/he submits a binding request to buy the goods in the shopping cart. Before sending the order, the customer is able to change and view the data at any time.
(2) The supplier then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order at Fitz & Huxley – backpacks” via email, in which the customer’s order is listed once more and which the customer can print out via the “print” function. The customer’s order (1) thus represents the offer to conclude the contract with the respective shopping cart contents. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the supplier. In it, the contents of the order are summarised, In this email or in a separate e-mail, however at the latest upon delivery of the goods, the contract text (consisting of order, terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (email or paper printout). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the languages: English.
§ 3 Delivery, goods availability, payment methods
(1) The delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these terms and conditions), provided that the purchase price is paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the supplier shall also immediately inform the customer of this. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In doing so, s/he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions shall apply: The supplier only delivers to customers whose ordinary residence (billing address) is in one of the following countries and who can provide a delivery address in the same country: Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, South Korea, Sweden, Switzerland, Spain, UK, USA
(4) The customer can make the payment by bank transfer, direct debit, PayPal, SOFORT direct payment or credit card.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined in accordance with the calendar, the customer shall default by missing the deadline.
§ 4 Retention of Title
Until the full payment of the purchase price, the delivered goods shall remain the property of the supplier.
§ 5 Prices and Shipping Costs
(1) All prices that are indicated on the supplier’s website are inclusive of the respective valid legal value added tax.
(2) The corresponding shipping costs are specified to the customer in the order form and must be covered by the customer, provided that the customer does not make use of any right of cancellation.
(3) In the event of a cancellation, the customer shall cover the direct costs of the return.
§ 6 Material Defect Warranty
(1) The supplier is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. of the BGB (German Civil Code). For entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
(2) Leather is a natural product: even if the supplier has stipulated the highest quality standards, s/he is unable to guarantee complete colour fastness. Particularly in the case of open-pore aniline leathers, which are only coloured with water-soluble dyes in accordance with EU law, a certain loss of colour of the leather must be accepted.
§ 7 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The limitations of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
§ 8 Notes on data processing
(1) In the course of dealing with contracts, the provider will gather data of the customer. It shall, in the process, in particular comply with the provisions of the GDPR, as well as the remaining European and national laws. Please note Clause F. of the Data Privacy Statement (see https://www.fitzandhuxley.com/en/data-privacy-policy/) in regard to information on the data processing which the provider carries out when purchases are made at the web shop.
(2) The provider will not use the customer’s data for the purposes of advertising or market or opinion research without the customer’s consent.
§ 9 Applicable law, jurisdiction
(1) Contracts between the supplier and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and private international law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the supplier shall be the registered office of the supplier.
§ 10 Conflict resolution/mediation
(1) The European Commission provides a platform for online settlement of disputes. The platform can be found at https://webgate.ec.europa.eu/odr/
(2) We do not take part in any dispute resolution procedure before a consumer arbitration board.