Terms and Conditions
( General terms and conditions of business)
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Applicable law
9. Place of jurisdiction
10. Code of Conduct
11. Alternative dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Flux Design Products GmbH
(hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer
or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and services
goods presented in his online shop. The inclusion of own
Customer's terms and conditions are contradicted unless otherwise agreed.
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for the purposes
which predominantly neither serve their commercial nor their independent professional activity
can be attributed.
1.3 Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a
a partnership with legal capacity which, when concluding a legal transaction, is exercising its
commercial or self-employed professional activity.
2. Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute
binding offers on the part of the seller, but serve to submit a binding
Offer by the customer.
2.2 The customer can order the offer via the online shop integrated into the seller’s online shop.
The customer submits the order form after placing the selected goods in the
virtual shopping cart and completed the electronic ordering process by clicking
of the button concluding the order process constitutes a legally binding contractual offer in relation to
on the goods contained in the shopping cart. Furthermore, the customer can also accept the offer by e-mail
or submit it to the seller via the online contact form.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in
In this respect, the receipt of the order confirmation by the customer is decisive
is, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer
is relevant, or
- by requesting payment from the customer after placing his order.
If several of the above-mentioned alternatives apply, the contract is concluded at the time
in which one of the aforementioned alternatives occurs first. The deadline for accepting the offer
begins on the day after the offer is sent by the customer and ends with the
Expiry of the fifth day following the dispatch of the offer. If the seller accepts the
If the customer does not accept the offer within the aforementioned period, this shall be deemed a rejection of the offer
with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the
Payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg
(hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have
has a PayPal account – subject to the terms and conditions for payments without a PayPal account,
available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays
by means of a payment method offered by PayPal that can be selected during the online ordering process,
the seller hereby accepts the customer’s offer at the time when the
Customer clicks the button which completes the ordering process.
2.5 If you select the payment method "Amazon Payments", the payment will be processed via the
Payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855
Luxembourg (hereinafter: “Amazon”), subject to Amazon Payments Europe
Terms of Use, available at https://payments.amazon.de/help/201751590. If the
If the customer selects “Amazon Payments” as a payment method during the online ordering process, he/she
by clicking the button that completes the order process, you also place a payment order
to Amazon. In this case, the seller hereby declares acceptance of the customer's offer
at the time when the customer clicks the button that completes the order process
triggers the payment process.
2.6 When submitting an offer via the seller’s online order form, the
The contract text is saved by the seller after the conclusion of the contract and sent to the customer
of his order in text form (e.g. e-mail or letter). Any further
The seller will not make the contract text available. If the customer
has set up a user account in the seller’s online shop before sending his order,
The order data are archived on the seller’s website and can be accessed by the customer via
whose password-protected user account is free of charge by providing the corresponding login data
can be retrieved.
2.7 Before submitting a binding order via the Seller’s online order form, the
Customer avoids possible input errors by carefully reading the information displayed on the screen.
Recognize information. An effective technical means for better recognition of
Input errors can be caused by the browser's zoom function, which helps
The display on the screen is enlarged. The customer can edit his inputs within the scope of
electronic ordering process using the usual keyboard and mouse functions
correct until he clicks the button that completes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually carried out via email and automated
The customer must ensure that the data required for order processing
The e-mail address provided is correct, so that the seller's
sent emails can be received. In particular, when using
SPAM filters ensure that all emails sent by the seller or by the seller in connection with the order processing
emails sent by commissioned third parties can be delivered.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the cancellation policy of the
Seller's.
4. Prices and payment terms
4.1 Unless otherwise stated in the Seller’s product description,
The stated prices are total prices that include statutory VAT.
Any additional delivery and shipping costs will be charged in the respective
Product description stated separately.
4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases.
which the seller is not responsible for and which are to be borne by the customer. These include
for example, costs for the transmission of money by credit institutions (e.g. transfer fees,
exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs
may also apply to money transfers if the delivery is not made to a country
outside the European Union, but the customer makes the payment from a country outside
from the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract
unless the parties have agreed on a later due date.
4.5 If you select a payment method offered via the payment service “PayPal”, the
Payment processing via PayPal, whereby PayPal also uses the services of third parties
Payment service provider. If the seller also offers payment methods via PayPal,
where he makes advance payments to the customer (e.g. purchase on account or payment by instalments),
he assigns his payment claim to PayPal or to the person appointed by PayPal and the
Customer specifically named payment service provider. Before accepting the assignment declaration of the
PayPal or the payment service provider commissioned by PayPal will carry out the seller’s payment using
The seller reserves the right to
To refuse the selected payment method to the customer in case of a negative verification result.
If the selected payment method is accepted, the customer must pay the invoice amount within
The customer may pay within the agreed payment period or at the agreed payment intervals.
In this case, only to PayPal or the payment service provider commissioned by PayPal with
However, the seller remains liable even in the event of
Assignment of claims responsible for general customer inquiries, e.g. regarding goods, delivery time,
Shipping, returns, complaints, declarations of revocation and reshipments or credit notes.
4.6 If you select the payment method “SOFORT”, the payment will be processed via the
Payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”).
In order to pay the invoice amount via “SOFORT”, the customer must have an
Participation in “SOFORT” requires an online banking account activated, during the payment process
appropriately and confirm the payment order to “SOFORT”.
The payment transaction is carried out immediately by “SOFORT” and the bank account of the
Customers are charged. Further information on the “SOFORT” payment method can be found online at
https://www.klarna.com/sofort/.
4.7 If you select a payment method offered via the payment service "mollie", the
Payment processing via the payment service provider Mollie BV, Keizersgracht 313, 1016 EE
Amsterdam, Netherlands (hereinafter: “mollie”). The individual services offered via mollie
Payment methods are communicated to the customer in the seller’s online shop.
For payments, Mollie may use other payment services, for which special
Payment terms apply, to which the customer may be informed separately.
Information about "mollie" is available online at https://www.mollie.com/de/.
4.8 If you select a payment method offered via the payment service "Klarna", the
Payment processing via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden
(hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found
in the seller's payment information, which can be viewed at the following internet address
are:
https://www.i-clip.com/payment-and-shipping-costs
5. Delivery and shipping conditions
5.1 If the seller offers to ship the goods, delivery shall be made within the period specified by the
Seller to the delivery address specified by the customer, unless
When processing the transaction, the order processing of the
The delivery address specified by the seller is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear
the reasonable costs incurred by the Seller as a result. This applies with regard to the
Shipping costs will not be charged if the customer effectively exercises his right of withdrawal.
Return costs apply in case of effective exercise of the right of withdrawal by the customer, the
The seller’s cancellation policy contains the relevant provisions.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental
deterioration of the sold goods to the customer as soon as the seller delivers the item to the
forwarding agent, carrier or other person designated to carry out the shipment or
If the customer acts as a consumer, the risk of accidental
Loss and accidental deterioration of the goods sold generally only occurs with
Handover of the goods to the customer or an authorized person.
The risk of accidental loss and accidental deterioration of the
The risk of sold goods is transferred to the customer, even in the case of consumers, as soon as the seller
Item to the forwarding agent, the carrier or other person appointed to carry out the shipment
person or institution, if the customer informs the freight forwarder, carrier or other
the person or institution designated to carry out the shipment is commissioned to carry out the shipment and
the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper
self-supply. This only applies if the non-delivery is not
is the responsibility of the seller and the seller has, with due care, provided a specific
has concluded a hedging transaction with the supplier. The seller will take all reasonable
make every effort to procure the goods. In case of unavailability or
If the goods are only partially available, the customer will be informed immediately and the consideration
refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6. Retention of title
If the seller makes advance payments, he reserves the right to withhold payment until the amount owed has been paid in full.
purchase price, ownership of the delivered goods remains.
7. Liability for defects (warranty)
7.1 Unless otherwise stated in the following regulations, the provisions of
statutory liability for defects. The following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, rights and claims due to defects are excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects
takes place.
7.3 The limitations of liability and shortening of deadlines set out above shall not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which have been used for a building in accordance with their usual use
and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for
digital products, for contracts for the supply of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any
existing statutory right of recourse remains unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be responsible for the commercial inspection and
Obligation to give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations stipulated therein, the
Goods as approved.
7.6 If the customer acts as a consumer, he is asked to inspect delivered goods with obvious
To complain about transport damage to the deliverer and to inform the seller of this.
If the customer does not comply with this, this will have no effect on his legal or
contractual claims for defects.
8. Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany under
Exclusion of the laws on the international sale of movable goods. For consumers,
This choice of law only applies to the extent that the protection granted is not affected by mandatory provisions of the
law of the country in which the consumer has his habitual residence.
9. Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or public law
Special fund with its registered office in the territory of the Federal Republic of Germany, is
The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of
Seller. If the customer is based outside the territory of the Federal Republic of
Germany, the place of business of the seller is the exclusive place of jurisdiction for all
Disputes arising from this contract, if the contract or claims arising from the contract of professional
or commercial activity of the customer. The seller is in the
In the above cases, however, the customer is entitled in any case to bring the case before the court at the customer's registered office.
10. Code of Conduct
- The seller has submitted to the Trusted Shops quality criteria, which can be found on the Internet at
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf can be viewed.
11. Alternative dispute resolution
11.1 The EU Commission provides a platform for online
Dispute resolution available: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online
Sales or service contracts involving a consumer.
11.2 The Seller is obliged to participate in a dispute resolution procedure before a
Consumer arbitration board is neither obliged nor willing.