Terms of service

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1)The following terms and conditions apply to contracts that you conclude with us as a provider(Elena Werner)via the website www.Flow-Down.com Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly excluded.

(2)A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§ 2 Conclusion of the contract

(1)The subject of the contract is the sale of goodsand/or the provision of assembly services.

(2)By placing the respective product on our website, we are making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3)The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "Shopping Cart" and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button(or similar name)and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the details in the order overview, change them (also using the "back" function of your internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4)Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5)The processing of orders and the transmission of all information required for the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3Individually designed goods

(1)You will provide us with the appropriate information, texts, or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.

(2)You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this regard. This also applies to the costs of any legal representation required in this regard.

(3)We do not check the transmitted data for accuracy and therefore assume no liability for errors.

§ 4 Provision of services for assembly services

(1)To the extent that assembly services are the subject of the contract, we are responsible for the assembly work resulting from the service description. We will perform this work personally or through third parties to the best of our knowledge and belief.

(2)The service will be provided on the agreed dates.

(3)You are obligated to cooperate. In particular, you must provide the opportunity to access the premises in a walkable and reasonably safe condition at the time the assembly services are provided. Furthermore, you are obligated to provide us with electrical power and, if necessary, water, as necessary. We are entitled to terminate the contract for the provision of assembly services in accordance with Section 643 of the German Civil Code (BGB) if you fail to fulfill your obligation to cooperate. We will set you a reasonable deadline within which you can provide the necessary cooperation.

(4)Make use of your right of termination according to Section 648 S1 BGB, we may demand a flat-rate fee of 10% of the agreed remuneration if performance has not yet begun. However, if the statutory right of cancellation exists, this only applies if you exercise your right of termination after the cancellation period has expired. You reserve the right to prove that we actually incurred no costs or significantly lower costs.

§ 5 Special agreements on offered payment methods

(1)Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, S.CA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found athttps://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 6 Right of retention, Retention of title

(1)You can only exercise a right of retention if the claims arise from the same contractual relationship.

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

(3)If you are an entrepreneur, the following additionally applies:

a) We retain title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of title to the reserved goods, pledging or transferring them as security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoiced amount, and we accept the assignment. You are still authorized to collect the claim. However, if you fail to properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of the combination or mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 7 Warranty

(1)The statutory liability for defects applies.

(2)As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

(3)If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(4)If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a)Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.

b)In the event of defects, we will provide warranty coverage, at our discretion, through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless otherwise indicated, particularly due to the nature of the goods, the defect, or other circumstances. In the event of repair, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

c)The warranty period is one year from delivery of the goods. The shortened deadline does not apply:

- damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 8 Choice of law

(1)German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (principle of favourability).

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

II. Customer information

1. Identity of the seller

Elena Werner
Hermann-Drescher-Weg 6E
45329 Essen
Germany
Phone: +4917676043407
Email: support (ät) flow-down.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print out the contract details using your browser's print function or save them electronically. Once we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at:https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment terms

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

6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you in addition, unless free shipping has been promised.

6.3 If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as: Customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions) which you are responsible for.

6.4. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place in an EU member state but the payment was made outside the European Union.

6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

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

7. Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipping are at your risk.

8. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9. Termination

9.1. Information on termination of the contract and the termination conditions can be found in the provisions on "Installation Services" in our General Terms and Conditions (Part I) and in the respective offer.

These Terms and Conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of warnings. Further information can be found at:https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last updated: 22.10.2024