1. Scope of application
1.1. The following terms and conditions of sale and delivery apply only to orders placed through our website in our online store.
1.2. The following terms and conditions of sale and delivery apply exclusively. The terms and conditions of sale and delivery apply to companies and thus also to all future orders, even if they are not expressly agreed again. We do not recognise any terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale and delivery, unless we have expressly agreed to them in writing. Our terms and conditions of sale and delivery shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions of sale and delivery.
2. Contracting parties and conclusion of contract
2.1. The contractual partner is
CLICKCONCEPTS GmbH
Ferdinand-Porsche-Straße 4
73479 Ellwangen
Telephone +49 (0) 7961 / 96 393 500
Email service@fitzandhuxley.com
Managing director: Marc Walter, Florian Bader
District Court of Ulm, Commercial Register No. 510577
VAT registration number in accordance with § 27a of the VAT Act DE 216 388 423
2.2. The information on our website merely represents a non-binding invitation to the customer to order goods from us.
2.3. By sending the order from the shopping cart or by placing an order by email or telephone, the customer makes a binding offer to conclude a purchase contract. After we receive the order in our online shop, the customer will immediately receive an acknowledgement of receipt from us by email. The confirmation of receipt does not constitute an acceptance of the offer. A contract for orders placed in the online shop or by email is only concluded when we send a written order confirmation or deliver the goods immediately. When orders are placed by telephone, the contract is concluded over the phone.
2.4. We only assume a procurement risk if we have the ordered goods in stock. Otherwise, the contract is always concluded subject to correct and timely delivery to us. If our supplier does not supply us at all or on time, we will inform the customer of this immediately. The customer can then withdraw from the contract. In such a case, we will refund any purchase price that has already been paid.
2.5. Drawings, illustrations, dimensions and weights and other performance data are only binding if this has been expressly agreed in writing.
3. Prices and payment terms, credit checks and scoring
3.1. Unless otherwise stated in the order confirmation or in the absence of an express agreement to the contrary, our prices apply ‘ex warehouse’, including packaging.
3.2. All our prices are quoted without deduction, including VAT, unless otherwise indicated. The prices shown in the online shop only apply to orders placed there at the time of ordering. You can find the shipping costs on our website and you will be notified of these before you order.
3.3. We generally offer the customer the following payment options. The selection may change from online shop to online shop:
Credit Card,
Google Pay,
Purchase on account via Klarna
We reserve the right to secure our risk of default by only fulfilling orders against advance payment, PayPal or cash on delivery. In this case, we will inform the customer immediately.
c) PayPal
If you select PayPal as your payment method, the invoice amount will be debited by PayPal when the order is placed. PayPal's terms of use apply. If you have any questions, please call the free PayPal customer service line on 0800 723 4721.
b) Credit Card
When you pay by credit card, the purchase price is reserved on your credit card at the time of the order (authorisation). Your credit card account is actually debited at the time we ship the goods to you.
h) Google Pay
To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, have authenticated yourself with your access data and confirmed the payment instruction. The payment transaction is carried out immediately after the order has been placed. You will receive further instructions during the ordering process.
i) Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the option to purchase on account as a payment option. Please note that Klarna Invoice is only available to consumers and that payment must be made to Klarna in each case. When you purchase on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0
For deciding on the establishment, execution or termination of the contractual relationship, we collect or use probability values, which are calculated based on address data, among other things. The customer's legitimate concerns are taken into account in accordance with the statutory provisions. You can find more details in our data protection declaration.
3.4. If the customer defaults on payment, we are entitled to demand default interest from consumers at a rate of 5 percentage points and from entrepreneurs at a rate of 8 percentage points above the respective base interest rate p.a. If we can prove higher default damages, we are entitled to claim these as well.
3.5. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed, have been recognised by us or are in a close synallagmatic relationship with our claim. Furthermore, he shall only be entitled to exercise a right of retention insofar as a counterclaim is based on the same legal relationship.
4. Delivery and shipping costs
4.1. We package the goods ready for dispatch. Delivery is made by sending the goods from Ellwangen or directly from the manufacturer to the address provided by the customer.
4.2. The shipping costs can be found on our website. The shipping costs will also be communicated before the order is placed.
4.3. If the customer delays acceptance, we are entitled to demand compensation for the resulting damage, including any additional expenses incurred. We reserve the right to make further claims.
4.4. If the customer, in the event of a default of acceptance, does not comply with a written request for acceptance within a reasonable period, we shall be entitled to refuse to fulfil the contract and to claim damages for non-performance. In this case, we are entitled to claim either a flat rate of 20% of the agreed gross purchase price as compensation from the entrepreneur, unless the customer can prove that the damage was less, or to claim compensation from the customer for the actual damage incurred.
4.5. If the customer is in default of acceptance, the risk of accidental loss of or damage to the goods shall pass to the customer at the time when the customer is in default of acceptance.
4.6. Partial deliveries are permissible provided that they are not unreasonable for the customer.
4.7. In cases of force majeure, strikes, lockouts or similar unforeseen events that hinder the execution of an order, we are not bound by the agreed delivery time for the duration of the hindrance.
5. Right of cancellation for consumers
5.1. The right of cancellation for online shop orders
Consumers have a right to cancellation for a period of thirty days.
A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
Cancellation policy
Right of cancellation
You have the right to cancel this contract within 30 days without stating any reasons.
The cancellation period is 30 days with effect from the day on which you or a third party nominated by you, which is not the carrier, took or has taken possession of the last goods.
To exercise your right of cancellation, you must notify us
CLICKCONCEPTS GmbH
Ferdinand-Porsche-Straße 4
73479 Ellwangen
Telephone 07961 / 96 393 500
Email
service@fitzandhuxley.com
by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees because of such reimbursement. We may refuse to make a reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case no later than thirty days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the thirty-day period. You bear the costs of returning goods that can be sent by post parcel.
You will bear the direct cost of returning goods that cannot be sent by parcel post. These costs are estimated at a maximum of approximately EUR 150.00 within Germany and approximately EUR 250.00 within the rest of the EU.
You will only have to pay for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of the right of cancellation:
The right to cancellation does not apply to distance contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or stipulation by the consumer is crucial or that are clearly customised to the personal requirements of the consumer.
Withdrawal form template
(If you wish to cancel the contract, please complete this form and return it to us.)
To
CLICKCONCEPTS GmbH
Ferdinand-Porsche-Straße 4
73479 Ellwangen
Email
service@fitzandhuxley.com
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*):
________________________________________________________________________________
____________________________________________________________________________________
Ordered on (*) ____________________________/ Received on (*) ___________________________
Name of consumer(s)
_________________________________________________________________________________
Address of the consumer(s)
_________________________________________________________________________________
_________________________________________________________________________________
Signature of consumer(s) (only for paper-based messages)
_________________________________________________________________________________
Date
_________________________________________________________________________________
(*) Delete where inapplicable.
6. Terms of delivery – Transfer of risk in the case of a purchase contract with companies
6.1 If we do not carry out the shipment ourselves, all shipments are at risk of the customer, who is also responsible for insuring the goods. The transfer of risk occurs at the time we hand over the goods to the shipping agent or the customer.
6.2. The delivery shipping agent must be notified in writing of any visible transport damage immediately upon acceptance of the goods, and any hidden transport damage within seven days of its discovery.
6.3. If we ship the goods, we reserve the right to choose the route and method of shipment.
7. Guarantee
7.1. We only provide guarantees within the framework of individual contractual agreements.
7.2. Our statements in connection with this contract (e.g. service description, order confirmation, etc.) do not include any assumption of a guarantee in case of doubt. In case of doubt, only explicit written statements on our part regarding the assumption of a guarantee are decisive.
7.3. The statutory right of defect liability applies to the items offered in our shop.
7.4. If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
7.4.1. The commercial duty to examine and give notice of defects in accordance with § 377 of the German Commercial Code (HGB) shall also apply if the customer is an orderer within the meaning of § 14 of the German Civil Code (BGB) and the order is placed during a commercial or self-employed professional activity.
7.4.2. The statutory warranty period for new goods is limited to one year, with the exception of claims for damages in accordance with section 7 of these terms and conditions.
7.4.3. With the exception of claims for damages in accordance with Section 7 of these terms and conditions, the warranty for used goods is excluded in its entirety.
7.4.4. If the purchased item has a defect for which we are responsible, the customer is entitled to claim for rectification or replacement delivery at our discretion, notwithstanding Section 439 (1) of the German Civil Code (BGB). The customer shall bear the necessary costs for the purpose of subsequent performance, insofar as they are increased because the delivery item is taken to a location other than the customer's branch office, unless the transfer corresponds to its intended use.
7.4.5. If two attempts at rectification or replacement delivery fail, the customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price (abatement). Further claims by the customer are excluded. This applies in particular to claims for damages by the customer.
7.4.6. Insofar as the purchaser asserts rights arising from the recourse provisions of §§ 478, 479 BGB, we exclude liability for damages – insofar as legally permissible.
8. Liability
8.1. We shall be liable without limitation in accordance with the statutory provisions for loss of life, physical injury or illness resulting from a negligent or intentional breach of duty by us, our legal representatives or our agents, as well as for damages covered by liability under the Product Liability Act. For damages not covered by sentence 1 and which are based on intentional or grossly negligent breaches of contract or fraudulent intent on our part or on the part of our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage, insofar as we, our legal representatives or our vicarious agents, have not acted intentionally. To the extent that we have provided a guarantee of quality regarding the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages that are based on the absence of the guaranteed quality but do not occur directly on the goods if the risk of such damage is clearly covered by the guarantee of quality.
8.2. We shall also be liable for damages caused by simple negligence, insofar as negligence concerns the violation of such contractual obligations, the fulfilment of which is of particular importance for achieving the purpose of the contract. However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable.
8.3. Any further liability is excluded, regardless of the legal nature of the asserted claim; this applies in particular to tortious claims or claims for reimbursement of wasted expenditure in lieu of performance.
8.4. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and agents.
9. Cancellation
We are entitled to withdraw from the contract at any time and without warning if it becomes apparent that the financial circumstances of the customer have significantly deteriorated and as a result the fulfilment of the customer's obligations is at risk. These conditions shall be deemed to be fulfilled, for example, if the customer stops payments, if enforcement measures are taken against the customer due to payment claims, if bills of exchange or cheques are protested, or if an application is made to open insolvency proceedings against the customer's assets or such proceedings are opened. These rights shall also apply if these conditions already existed at the time of the conclusion of the contract but were not known to us.
10. Retention of title
10.1. We reserve ownership of the goods until the purchase price has been received.
10.2. If the goods are processed with other items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods (final invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under the reservation of title.
10.3. The following applies in addition to entrepreneurs:
10.3.1. In the event of attachments and other interventions, the customer must notify us immediately in writing so that we can act in accordance with § 771 ZPO (Code of Civil Procedure). Insofar as the third party can reimburse the judicial and extrajudicial costs of an action in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.
10.3.2. The customer is entitled to resell the goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the invoice amount (including VAT) of our claim, which arise for him from a resale to his customers or third parties, irrespective of whether the goods have been resold without or after processing. The customer remains authorised to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we undertake not to collect this claim if the customer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, has not filed for bankruptcy or ceased payments. If this is the case, however, we can demand that the customer informs us of the claims assigned to us by the debtors, provides all the information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
11. Governing law
Contractual relationships to which these terms and conditions of sale and delivery apply are subject to the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980. Mandatory provisions of the country in which the consumer usually resides shall remain unaffected by the choice of law.
12. Place of jurisdiction – place of performance
12.1. If the customer is a merchant, a legal entity under public law or a special fund under public law, the district court responsible for our place of business or the chamber of commercial matters of the district court responsible for our place of business shall be responsible for all disputes arising from the contractual relationship, depending on the amount in dispute. However, we are also entitled to sue the customer at his place of residence or business.
12.2. Unless otherwise stated in the order confirmation, our place of business is the place of performance.
13. Other
13.1. The language of the contract is German. Even if the text of the contract is translated into another language, the German text of the contract remains binding.
13.2. We do not store the text of the contract. You can download the terms and conditions as a PDF below and download and print your order using your browser's functions.
13.3. Should any provision of these terms and conditions of sale and delivery be invalid, the remaining provisions remain in full force and effect. The relevant statutory provisions shall apply in place of the invalid provision.
13.4. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/consumers/odr/.
We are prepared to participate in dispute resolution proceedings before consumer arbitration boards.
As at: February 2025