General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts concluded with us as the provider (Handelskontor Fieberg GmbH) via the websites smarfie.com and smarfie.de (Smarfie brand). Unless otherwise agreed, we object to the inclusion of any terms you may use.

(2) A consumer within the meaning of these terms is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. A trader is any natural or legal person or partnership with legal capacity acting in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods. Our online offers are non-binding and do not constitute a binding offer to conclude a contract.

(2) You may submit a binding purchase offer (order) via the online shopping cart system. Intended items are placed in the “cart”. You can open the cart via the navigation and change it at any time. After opening checkout and entering your personal, payment and shipping details, all order data are shown again on the order overview. Before submitting the order you may review and change all details (including via the browser “back” function) or cancel the purchase. By submitting the order via the button for placing a binding paid order you make a binding offer. You will first receive an automatic email confirming receipt of your order.

(3) Acceptance of the offer and thus conclusion of the contract take place by confirmation from the provider (e.g. order confirmation) and/or by successful completion of the selected payment method (e.g. PayPal).

(4) If paid goods are not immediately available, you will be offered delivery within 14 days or, on request, a refund for the undelivered goods.

(5) Order processing and transmission of information required for conclusion of the contract are partly automated by email. You must ensure that the email address you provide is correct and that receipt of emails is technically possible and not blocked by spam filters.

§ 3 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 4 Liability

(1) We are liable without limitation for damage arising from injury to life, body or health. We are also liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee as to quality, and in all other cases provided for by law.

(2) Liability for defects under the statutory warranty is governed by the corresponding provisions in our customer information (Part II).

(3) Where material contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage typical of the contract.

(4) Liability for slight negligence in the breach of immaterial contractual obligations is excluded.

(5) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. We are therefore not liable for continuous or uninterrupted availability of the website and the services offered there.

§ 5 Choice of law

(1) German law applies. For consumers this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.

(2) The UN Convention on Contracts for the International Sale of Goods does not apply.

II. Customer information

1. Identity of the seller

Handelskontor Fieberg GmbH
Dornenbusch 21
32805 Horn-Bad Meinberg
Phone: +49 (0) 179 4709011
Contact: via our contact form
Further details: Legal notice

2. Information on conclusion of the contract

The technical steps leading to conclusion of the contract, the conclusion itself and correction options are governed by § 2 of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language for the German shop is German; English may be used for communication on the English site.

3.2. The full contract text is not stored permanently by us. Before submitting the order you may print or save the contract data using your browser. After we receive the order, the order data, the legally required distance-selling information and these terms are sent to you again by email.

4. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service are set out in the respective offer description and supplementary information on the website.

5. Prices and payment

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components including applicable taxes.

5.2. Shipping costs are not included in the purchase price unless free shipping is promised. They are shown during checkout and payable by you in addition.

5.3. Available payment methods (in particular PayPal) are shown during checkout.

5.4. Unless otherwise stated for individual payment methods, payment claims arising from the concluded contract are due immediately.

6. Delivery conditions

6.1. Delivery conditions, delivery dates and any delivery restrictions are shown in checkout or in the item description.

6.2. If you are a consumer, the risk of accidental loss and accidental deterioration of the sold goods during shipment passes to you only upon handover of the goods, whether or not the shipment is insured. This does not apply if you commission a carrier not named by the trader.

7. Statutory warranty

7.1. The statutory warranty rights apply.

7.2. As a consumer you are asked to check the goods promptly on delivery for completeness, obvious defects and transport damage and to notify us and the carrier of complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.

8. Right of withdrawal

Information on the statutory right of withdrawal is available under Right of withdrawal. To withdraw from a specific order use Cancel contract (login required).