1. Scope of application
FOX Leather is available online at www.fox-leather.com
The business relationship between FOX Leather (hereinafter referred to as FOX) and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time the order is placed.
FOX does not recognise any deviating terms and conditions of the customer unless FOX has expressly agreed to their validity in writing prior to the conclusion of the contract.
2. Offers and conclusion of contract
The information provided on the website or in other electronic media does not constitute an offer, but merely product and price information.
When the customer places an order, FOX sends an e-mail confirming receipt of the order. This confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order.
A purchase contract is only concluded when FOX sends you the ordered product and confirms the dispatch with a second e-mail (dispatch confirmation).
The name (and additionally the telephone number) of the delivery company as well as the costs associated with the respective order will also appear there.
The contract is concluded by debiting the purchase price from the customer’s credit card, sending the declaration of acceptance or by receipt of the goods themselves.
3. Payment, default of payment, default of acceptance
Payment of the purchase price is usually made by debiting the customer’s credit card, by PayPal or by bank transfer.
FOX reserves the right in individual cases to agree payment of the purchase price by invoice, direct debit or cash in advance.
The delivery or dispatch of the object of purchase shall only take place after receipt of payment of the purchase price.
If FOX delivers against invoice, default shall occur with the consequence of the payment of default interest at the latest 30 days after delivery and receipt of an invoice or equivalent payment schedule, whichever occurs first. This shall not apply by way of exception if a different, longer term of payment has been agreed. In the event of default in payment, interest of 5% above the base rate or, in the case of entrepreneurs, 8% above the base rate shall be payable to FOX in accordance with § 288 BGB.
In the event of default in payment of a claim for payment by FOX, the statutory flat-rate default fee of € 40 within the meaning of § 288 (5) of the German Civil Code (BGB) and a reminder fee of € 15 per further reminder shall also be payable.
If FOX can prove that it has incurred higher damages as a result of the delay, FOX shall be entitled to claim these.
4. Retention of title
FOX shall retain title to the goods delivered until the purchase price has been paid in full. In the case of contracts with entrepreneurs, FOX shall retain ownership of the goods delivered until all claims arising from an ongoing business relationship have been settled in full.
Unless otherwise stated, the prices of the products displayed by FOX on its website include the statutory value added tax and other price components. All amounts are listed separately and on an individual basis.
6. Warranty and liability, set-off, assignment
Warranty and liability shall be governed by the statutory provisions. The warranty period is 2 years and begins with the handover of the goods; if the customer is an entrepreneur, the warranty is limited to 1 year.
If the delivered item is defective, we shall provide a warranty by rectifying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).
If a replacement delivery is made, the customer shall be obliged to return the goods first delivered within 30 days at FOX’s expense.
In the event of a return under the above conditions, the return shall be free of charge for the customer. FOX will refund the purchase price paid. If a return is not made in accordance with the conditions, the shipping costs incurred will not be refunded. FOX reserves the right to claim damages under the legally regulated conditions.
FOX shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
In commercial business transactions it is necessary that the commercial customer has duly complied with his obligations to examine the goods and to give notice of defects as stipulated in §§ 377, 378 HGB (German Commercial Code).
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects.
In the event of a warranty claim, please contact:
13357 – Berlin
Phone: +49 151 717 06112
7. Storage of the contract text
The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. However, the customer can print out the order data immediately after sending the order.
8. Liability exclusion for external links
FOX provides links to other sites on the Internet on its pages. FOX expressly declares that it has no influence whatsoever on the design and content of the linked pages. We therefore expressly distance ourselves from all content of all linked third-party sites and do not adopt this content as our own. This declaration applies to all links displayed and to all contents of the pages to which links lead.
9. Applicable law
These general Terms and Conditions are subject to German law.
Any disputes arising in connection with the website or the activities taking place on it shall be subject to the jurisdiction of the courts of Berlin, Germany, and the user expressly waives any other jurisdiction to which he may be entitled. The UN Convention on Contracts for the International Sale of Goods shall not apply.
The contractual language is German.