Terms & Conditions

General

The following General Terms and Conditions of trade (GTC) are applicable to each and every transaction concluded or entered into in our online shop.

Any and all additions to, changes to, modifications of, or other deviation from these standard terms and conditions, terms of our contracts or this GTC must be made in writing signed by both parties. This requirement shall not be deemed to apply to agreements made outside the scope of these GTC.

To the extent that these GTC govern commercial agreements with business or non-profit entities, they shall be deemed to apply only to the contracting indiviual party in his or her official, business capacity and to the commercial or non-profit entity.

Conclusion of contract

Our offers, as stated in this Website or elsewhere, are not binding on either party. By clicking the "Buy Now" button the customer makes a binding offer to buy all products in the shopping basket/cart. We have the right to accept this offer within one week. The acceptance is declared either by our delivery of the goods to the Post or other agent or common carrier for delivery or by our confirmation to the offerer of receipt of the order by any means, including but not limited to e-mail. No contract shall be deemed to exist until the moment of acceptance as defined by these GTC or the contract itself. In case we can not fullfill our contractual obligation of delivery because of reasons which are not in our sphere of risks (e.g. supply problems), both parties have the right to withdraw from contract otherwise item shall be delivered at a subsequent time.

Obligation to provide truthful information

The customer is obligated to state truthfully all requested responses in the registration process and in any subsequent data request. Customers must communicate to us within a reasonable period by changing the affected information in our Online-Shop any change of e.g. name, address, e-mail address, phone or fax number, bank account information, or other data requested in the registration process.

To the extent the customer has given untruthful responses during the registration, we are entitled to cancel any order, whether or not a contract has been concluded. Any cancellation of a contract will take place in writing and will either be made or reconfirmed by e-mail. We will send an e-mail to the given e-mail address confirming the order immediately after receiving a customer's order.The customer is obligated to inform us by sending an e-mail at once to info@finally-painfree.com if the above mentioned e-mail was not received immediately after placing the order. It is the duty of the customer to take care that the given e-mail address is active and the customer can access it.

Delivery and payment

Delivery will be made after receipt of payment via Paypal or via bank transfer. There is no minimum order quantity. All of our prices include mandatory VAT (currently in the amount of 19% or 7%).

Information on right of revocation

Consumers only have the following legal right of revocation: Right of revocation You may revoke this contract within 14 days, without giving any reasons, in writing (e.g. by letter, fax or email), or, if you have received the goods before the revocation period has lapsed, by sending back the goods. The revocation period begins at the earliest when you receive this information on your right of revocation, but not earlier than when receiver has obtained the goods (in the case of recurring deliveries of similar goods not before the first partial delivery has been made), and not before our obligation to inform you in accordance with article 246 § 2 in connection with § 1 section 1 and 2 EGBGB as been fulfilled as well as our obligations in accordance with § 312g paragraph 1 sentence 1 German Civil Code in connexion with article 246 § 3 EGBGB. For keeping within the revocation period it is sufficient that you send off the revocation statement, or the goods themselves, within said period. Your declaration of revocation is to be addressed to: A. Holzschuh, Wartbergsteige 109, 74076 Heilbronn, Germany.

Consequences of revocation In the case of an effective revocation, any service already performed, or item already handed over, is to be returned. Any benefit drawn from such service or item, such as interest rates, is to be returned. Don't you can give us respectively return back the performance received and benefits (eg advantages) or only in deteriorated condition or in part, you are obliged to compensate for lost value. You must only pay compensation for the deterioration and derived benefits if the uses or the deterioration is caused by handling with the object more than the testing the properties and functioning. By "testing the properties and functioning" refers to the testing and evaluation of the respective goods, such as it is possible and usual in our store. Items which are suitable for mailing in a package are to be returned. The risk during transit is ours. If the price of the goods to be sent back is not higher than 40 Euro, you are obliged to pay for the regular shipment cost incurred by the returned goods. You are also obliged to pay for the regular shipment cost incurred by the goods to be returned, if at the time of revocation you have not yet given full consideration or made a partial payment for said goods. In all other cases, shipping is paid by the receiver. If item is not suitable to be mailed as a package, it will be picked up from you. Any obligation to reimburse an amount must be fulfilled within a period of 30 days. The period begins at the time of mailing off your declaration of revocation or the goods themselves. End of information on right of revocation.

Delivery to commercial customers

To the extent that goods are to be sent to commercial customers, our delivery obligations are deemed completed when the goods are delivered to the forwarding agent or any other delivery agent. After this the customer bears the risk of accidental loss or damage of the goods.

Retention of title

All goods delivered will remain property of our company until full payment is made.

Warranty and liability

Legal provisions of warranty are applicable, subject to the following provisions: In case the customer is a businessman or businesswoman we may choose in case of replacement delivery between repairing the defect or replacement with non-defective goods. All claims arising from defects of the goods are limited to one year from delivery of the goods.The customer has to notify our company about any obvious defects of the delivered goods within one month after receipt. The stricter regulations applicable to merchants with regard to obligations of examination and notification in §377 HGB are applicable on contracts with commercial customers.The customer is obliged to allow us to examine the goods claimed to be defective by the customer. We give no warranty, express or implied, as to any defects or damages caused by improper use, improper installation, external effects (e.g. damages on transport, damages caused by impact), repairs and modifications to the object, made or done by non-authorised third parties.

Limitation of liability applicable to commercial customers

Our liability to commercial customers for any and all damages, whether claimed in contract or tort is limited only to instances in which we are proven to have acted with gross negligence in tort or have directly caused personal injury or death. This limitation does not affect our contractual or warranty obligations or any no-fault liability provided for in the German Civil Code's Products Liability Law (Produkthaftungsgesetz). Any and all liability is, however, - excluding s.1 and 2 - limited to the forseeable, typical damage caused by the claimed defect. We disclaim any and all liability, to the fullest extent legally allowed, for incidental and consequential damages. The burden of judicial proof shall not be changed by the foregoing stipulations. 

Data protection / privacy policies

The consumer agrees that we may collect, store and transmit, as necessary to carry our placed orders the personal data needed for performance as well as archive them in electronic form. The customer further agrees that we may collect, work with, and use his personal data. The processing of the data will take place according to the Bundesdatenschutzgesetz (German law on the protection of data and tele services). All data will be kept confidential and will not be shared with third parties except for contractual reasons (e.g. to external service providers/suppliers).
The customer has the right to withdraw his consent to the use of his or her personal data at any time. This withdrawal will become effective immediately for the time following the withdrawal. In this case we will delete immediately all personal data except as to any order which has not yet been completed.

General provisions

There are no verbal agreements which supplement these terms. Our principal place of business shall be the sole place of jurisdiction and the only proper venue and shall be deemed the place of performance of delivery and payments for purposes of any suit or action. At our sole discretion, we may also file a suit at the principal place of business of the customer. To the extent that a customer has no residence or regular address in Germany our principal place of business shall the sole place of jurisdiction of any suits.

The legal relationship between the parties is exclusively governed by German Law. The application of the UN-Purchasing Convention of 11/4/1980 on Contracts for the International Sale of Goods (CISG) is excluded.

In case one or more stipulations of this contract are deemed ineffective or become invalid the general validity of the reminder of the contract is not affected thereby. The ineffective stipulation shall be replaced with a stipulation which resembles as closely as legally permitted, the economic intent of the parties as expressed in the provision to be replaced. To the extent that the contract is deemed insufficient or incomplete, such supplemental provisions as may be required to complete the contract and which reflect as closely as legally permissable to the economic intent of the parties as expressed in the four corners of the contract shall be deemed to have been agreed by the parties.

For purposes of interpretation of the contract, the German version of these GTC is the only binding version. The English version is a non-binding translation of the German GTC which can be requested from us.

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