Version: 1.0 - Released: 30.07.2024
General Terms and Conditions and Legal Notices
§ 3 Conclusion of the contract in electronic business transactions
§ 4 Statutory right of withdrawal
§ 6 Prices of goods, shipping costs and accepted payment methods
§ 7 Due date and order processing
§ 8 Offsetting and right of retention
§ 11 Warranty, guarantees and customer service
§ 12 Copyright and industrial property rights
§ 1 General
(1) These General Terms and Conditions (hereinafter referred to as "GTC") of the
FOND OF GmbH
Vitalisstraße 67
50827 Cologne
Germany
Tel.: +49 221 956 73 230
Email: info@fondof.de
Commercial register: Cologne Local Court, HRB 68944
VAT ref. no.: DE 271542404
Tax ref. no.: 217/5729/0866
(hereinafter: "FOND OF") as the contractual partner apply to all orders placed in the online store at https://www.ergobag.com/en (hereinafter: "Online Shop"). You have the option of viewing, printing and saving the GTC in a reproducible form during the ordering process. The current version of the GTC can also be accessed at https://www.ergobag.com/en/terms-and-conditions.
(2) By placing your order, you declare your agreement with the validity of the GTC valid at the time of the order. If you are an entrepreneur and use your own GTC that contradict these GTC, these shall not become part of the contract.
(3) The contract text is stored by FOND OF, but for security reasons can no longer be accessed by you after the order process has been completed. However, you are free to print out the relevant website during the ordering process using the print function of your browser. The order data and the GTC will be made available to you by e-mail. You can also access the GTC at https://www.ergobag.com/en/terms-and-conditions.
(4) The contract shall be concluded in German.
§ 2 Offer
(1) The range of goods offered by FOND OF at https://www.ergobag.com/en is aimed exclusively at persons with unlimited legal capacity and legal entities. Persons without or with limited legal capacity are only authorized to use the range of goods offered with the cooperation and consent of their legal representative. As a rule, sales via the online store at https://www.ergobag.com/en are not made to commercial resellers; FOND OF offers a separate sales program for these.
(2) Images in the online store are for product presentation purposes only and do not constitute a legally binding offer from FOND OF; in this respect, changes and errors are reserved.
§ 3 Conclusion of the contract in electronic business transactions
(1) The ordering process is initiated by placing products presented in the online store in the virtual "shopping cart" and then going to the virtual "checkout". You must then enter the customer data, including the billing address, any different delivery address and the desired payment method. You can change the data entered at any time until the order process is completed by using the control and correction functions integrated into the order process ("Edit" and "Remove" buttons). After clicking on a button to confirm that you have read the privacy policy and accept the general terms and conditions and the revocation policy , you initiate the conclusion of an order by clicking on the "BUY NOW" button as part of the ordering process and submit a binding offer to FOND OF to conclude a purchase contract for the products in the shopping cart. You are bound to the order for a period of two (2) weeks after placing the order; this does not affect your right to withdraw your order in accordance with § 4.
(2) FOND OF will immediately confirm receipt of your order (hereinafter referred to as "order confirmation"). The order confirmation as such does not constitute a legally effective declaration of acceptance by FOND OF, but merely informs you that the order has been duly transmitted to FOND OF, unless the order confirmation is nevertheless combined with a declaration of acceptance of the contract (cf. payment method prepayment). The contract for the various payment methods is concluded as follows:
- The acceptance of the order by FOND OF and thus the conclusion of the contract comes into effect upon payment via PayPal, PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449, Luxembourg, with your payment instruction via PayPal to FOND OF. The applicable terms of use, which PayPal users must agree to in relation to PayPal (Eu-rope) S.à.r.l. & Cie, S.C.A., are available in German at www.paypal.com. Dispatch takes place after confirmation of payment by PayPal.
- If you pay by credit card, FOND OF accepts your offer when the credit card account is debited or, if earlier, when the shipping confirmation is sent, but no later than when the goods are delivered. Credit card billing is carried out by PAYONE GmbH Fraunhoferstraße 2-4 24118 Kiel, Germany.
- If payment is made in advance, FOND OF will accept your offer and request payment with reference to our bank details.
(3) If delivery of the goods ordered by you is not possible, for example because the goods in question are not in stock, FOND OF will inform you immediately and refund any payments already received without delay.
(4) If not all of the products ordered are in stock, FOND OF shall be entitled to make partial deliveries at its own expense, provided this is reasonable for you and unless expressly agreed otherwise.
§ 4 Statutory right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) The right of withdrawal is excluded for customized photo Kletties (individuals and sets). The integration of the customer's individual image and/or text files results in images and/or customized products with images/texts, and thus customized products. These products are essentially made according to the consumer's specifications and tailored to his or her personal needs, so that the right of withdrawal is excluded. Notwithstanding the above, you have the right of withdrawal with regard to all other Kletties.
(3) If you, as a consumer, make use of your right of withdrawal in accordance with paragraph 1, you must bear the regular shipping costs of the return shipment. This does not apply if the return shipment is made within Germany or from Switzerland and the return slip provided by FOND OF is used. In this case, FOND OF will bear the shipping costs for returning the goods.
With regard to the exercise of the right of withdrawal, the provisions set out in detail in the following withdrawal policy shall apply:
Withdrawal Policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods (or in the case of a single order with separate delivery, the last goods or in the case of a delivery in several partial shipments or pieces, the last partial shipment or the last piece).
To exercise your right of withdrawal, you must
FOND OF GmbH
Vitalisstraße 67
50827 Cologne
Germany
Tel.: +49 221 956 73 230
email: info@ergobag.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, FOND OF shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which FOND OF is informed about your decision to withdraw from this contract, unless one of the following situations applies. For the repayment, FOND OF will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. FOND OF may refuse the refund until FOND OF has received the goods back or you have provided proof that you have returned the goods, whichever is the earliest.
You must return the goods immediately and in any case within fourteen days at the latest from the day on which you inform FOND OF of the revocation of this contract to
FOND OF GmbH – Returns B2C
c/o dadada GmbH
Heinrich-Barth-Straße 16
53881 Euskirchen
Germany
to return or hand over the goods. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. This does not apply if the return shipment is made within Germany or from Switzerland and the return slip provided by FOND OF is used. In this case, FOND OF will bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods.
(2) Sample withdrawal form
Sample withdrawal form_
If you wish to cancel the contract, please complete this form and send it to:
FOND OF GmbH
Vitalisstraße 67
50827 Cologne
Germany
Email: info@ergobag.de
I/We (*) hereby revoke the contract concluded by me/us (*)for the purchase of the following goods (*),
Ordered on (*)/received on (*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*)Delete as appropriate.
(3) FOND OF makes the following non-binding recommendations for the handling of goods during the withdrawal period and for the return of goods in the event of a withdrawal, whereby FOND OF expressly points out that these are purely recommendations which do not constitute a pre-requisite for the effective exercise of the statutory right of withdrawal: In the event of a return of goods, please do not send the goods back to FOND OF freight collect, but as a prepaid parcel.
FOND OF also asks you to avoid damaging or soiling the goods during the withdrawal period and to return the goods to FOND OF in their original packaging with all accessories and packaging components if possible. If the original packaging is no longer available, please use suitable packaging to avoid transport damage.
§ 5 Voluntary right of return
(1) In addition to your statutory rights, FOND OF grants you a voluntary right of return of 30 days from receipt of the goods, provided that they are complete and in the same condition as when you received them. You can also withdraw from the contract after the 14-day withdrawal period has expired (see withdrawal instructions under § 4) by returning the goods within 30 days of receipt (period begins on the day after receipt of the goods) to
FOND OF GmbH – Returns B2C
c/o dadada GmbH
Heinrich-Barth-Straße 16
53881 Euskirchen
Germany
Timely dispatch is sufficient to meet the deadline.
(2) The voluntary right of return is, as in the case of the statutory right of withdrawal, excluded for individualized photo Kletties (individuals and sets).
(3) Returns within Germany and Switzerland are free of charge if you use the return slip provided by FOND OF. You can obtain the return slip from the following link: https://assets.ctfassets.net/iabto3i2j84n/1ZdgWrtEsQzPXlRDw42sYu/9dc91c499fb09257bc5619da405b1cac/210401_fo-kids_revocation_EN.pdf. If you make the return from other countries or do not use the return slip provided within Germany and Switzerland, you will have to bear the return costs yourself.
Until the expiry of the period for the statutory right of withdrawal, the statutory conditions listed there shall apply exclusively.
(4) We only grant the voluntary right of return on condition that the goods are complete when they are returned, are in the same condition as when they were received, and we will refund the purchase price. If the goods do not meet these conditions, we reserve the right to refuse to take the goods back at our own discretion. Alternatively, as in the case of the statutory right of withdrawal, compensation for the loss in value may be demanded in the case of the voluntary 30-day right of return if the loss in value is due to handling of the goods that was not necessary to check the nature, properties and functioning of the goods.
This applies in particular to the following cases: • If the goods are not returned in full, i.e. with all components (e.g. school backpack sets with all accessories). • If the goods are not in their original condition (e.g. if security or other labels have been removed from the goods). • If the goods show signs of deterioration (e.g. soiling or damage).
In these cases, you will receive an email from our returns team informing you of the next steps. You have 14 days from receipt of this message to decide on one of the following options:
- Return the goods at our expense: We will send the goods back to you and the purchase price remains due in full.
- Partial refund of the purchase price: We will charge a reasonable amount of compensation for the loss in value of the goods. The remaining amount will be refunded to the payment method you used.
If we do not receive a response from you within the 14-day period, we will assume that you agree to the partial refund option. In this case, the calculated remaining amount will be transferred automatically.
(5) The shipping costs of the original purchase will be refunded if you return the goods to us in full within the return period. Details of any shipping costs that may arise can be found at https://www.ergobag.de/service?section=shipping-and-delivery. In any case, you bear the transport risk. Whether the return costs are refunded depends on the country to which the original delivery was made. Details on returning the goods can be found at https://www.ergobag.de/service?section=retoure.
(6) Please enclose the completed return form, which you can find here https://assets.ctfassets.net/iabto3i2j84n/1ZdgWrtEsQzPXlRDw42sYu/9dc91c499fb09257bc5619da405b1cac/210401_fo-kids_revocation_EN.pdf. Please return items in their original packaging if possible, but at least in suitable transport packaging.
(7) The voluntary right of return can only be exercised on condition that the goods are undamaged and complete. If these conditions are not met, the return of goods may be refused.
(8) If you are not satisfied with the license Klettie, please contact our returns team at https://www.ergobag.com/en/service?section=retoure or at kletties@beyounic.de.
(9) Notwithstanding this, your statutory rights, including your statutory warranty rights, continue to exist without restriction. The voluntary right of return does not affect your statutory right of withdrawal.
§ 6 Prices of goods, shipping costs and accepted payment methods
(1) For goods ordered via the online store, the prices of the day of the order apply. The prices are explicitly stated during the ordering process. You will also be informed about the amount of the shipping costs and any costs arising from the selected payment method during the ordering process. Details of any shipping costs incurred can be found at https://www.ergobag.com/en/service?section=shipping-and-delivery.
(2) For orders whose delivery address is within the European Union (EU), all prices include the applicable statutory VAT.
(3) When shipping to countries outside the European Union (EU), VAT will be deducted at the virtual "checkout". Additional costs (import sales tax, customs fees, customs duties) may be incurred. These are usually collected by third parties when the goods reach the specified delivery address. The customer must pay these costs and taxes. Please note that FOND OF has no influence on these costs and taxes and cannot communicate them either during the ordering process or afterwards. FOND OF recommends that you obtain information on importing goods from your local customs and/or tax authorities before placing an order.
(4) FOND OF accepts the following payment methods during the order process: payment in advance, credit card or PayPal.
§ 7 Due date and order processing
(1) The purchase price is due upon conclusion of the contract and is payable without deduction.
(2) In deviation from paragraph 1, when paying in advance, the invoice amount must be transferred to the account specified by FOND OF within 10 days of conclusion of the contract. The ordered goods will be reserved for you until then. The goods will be dispatched after receipt of payment. You will receive an automatic payment reminder by e-mail 5 days after receipt of your order and selection of the prepayment payment method.
(3) By concluding the contract, you agree that FOND OF will send you invoices, credit notes, payment reminders and, if applicable, reminders exclusively in electronic form by e-mail.
§ 8 Offsetting and right of retention
(1) You are only entitled to offset claims if the counterclaim with which you wish to offset is undisputed or has been legally established or relates to counterclaims from the same purchase contract.
(2) You can only assert rights of retention if the counterclaim arises from the same purchase contract.
§ 9 Retention of title
The delivered goods remain the property of FOND OF until full payment has been received.
§ 10 Delivery
(1) You will be informed about the delivery time on the respective product detail page and before placing the order.
(2) The following delivery restrictions apply: FOND OF only delivers to customers who have their habitual residence (billing address) in one of the countries listed on https://www.ergobag.com/en/service?section=shipping-and-delivery and who can provide a delivery address in the same country.
(3) FOND OF shall deliver ordered goods either itself or by commissioning a third party to the delivery address specified by the customer.
§ 11 Warranty, guarantees and customer service
(1) The statutory warranty regulations shall apply. FOND OF shall be liable for material defects in accordance with the applicable statutory provisions, in particular § 434 et seq German Civil Code (Bürgerliches Gesetzbuch), for material defects.
(2) Any additional guarantees granted by FOND OF shall not affect your statutory warranty claims and shall apply in addition to these.
(3) FOND OF's customer service can be reached at the following contact details:
FOND OF GmbH
Vitalisstr. 67
50827 Cologne
Phone: +49 221 956 73 230 (Mon. - Fri. 9.00 to 18.00)
E-mail: info@ergobag.de
(4) If your licence or photo Klettie is defective, please contact the Fond OF customer service or our partner beyounic GmbH, who can be reached at the following contact details:
beyounic GmbH Nordstraße 27 33181 Bad Wünnenberg kletties@beyounic.de
§ 12 Copyright and industrial property rights
(1) The content of the website at https://www.ergobag.com/en, in particular texts, graphics, photos, images, moving images, sound recordings and software (hereinafter referred to as "content"), is the (intellectual) property of FOND OF, its licensees or content providers, unless copyrights of third parties exist. Reproduction, editing, translation and other processing of the content, including the use of the content, in particular on platforms such as eBay or Amazon, is not permitted.
(2) Listed trademarks and brand names are the (intellectual) property of their respective owners.
§ 13 Customisation of products – rights to transmitted print designs, indemnity, order rejection
(1) You are solely responsible for the contents of all image and text files that you send to FOND OF. You assure FOND OF that you hold the necessary copyrights, personal rights, trademark rights or other rights for the contents of the files sent to FOND OF and for the use ordered by you.
(2) You warrant that the contents of the transmitted files do not violate applicable law. FOND OF reserves the right to refuse orders if FOND OF becomes aware of any violations of this warranty or if it suspects that a print motif or text may violate the rights of third parties or legal regulations.
(3) You must indemnify FOND OF and its agents against all third-party claims that are asserted due to the infringement of third-party rights as a result of the execution of the order you have placed. You must reimburse FOND OF and its agents for all necessary defence costs (attorney and court costs) incurred in this context.
§ 14 Liability
(1) FOND OF shall be liable in accordance with the statutory provisions, unless liability is excluded in accordance with the following provisions.
(2) FOND OF excludes liability for slightly negligent breaches of duty, unless damages resulting from injury to life, limb or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligations), remains unaffected and is limited to compensation for foreseeable and typical damage.
(3) The provisions of this § 13 shall also apply to breaches of duty by vicarious agents of FOND OF.
§ 15 Data protection
(1) All personal data provided by you (e.g. title, name, address, e-mail address) will be collected, processed and stored by FOND OF exclusively in accordance with the provisions of German and European data protection law.
(2) FOND OF uses the data provided by you to fulfill and process the order. Your data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. FOND OF will pass on your payment details to FOND OF's payment service providers in order to process payments. Once the contract has been fully processed and the purchase price has been paid in full, your data will be blocked for further use and completely deleted after expiry of the retention obligations under tax and commercial law, unless you have expressly consented to the further use of your data. Further storage may take place in individual cases if this is required by law.
(3) FOND OF provides additional information on data protection at https://www.ergobag.com/en/privacy-policy.
§ 16 Final provisions
(1) The contract concluded between you and FOND OF shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply insofar as it does not deprive you of mandatory applicable consumer protection provisions of the country in which you, if you are a consumer, have your personal residence at the time of your order.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Cologne. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can find more information at http://ec.europa.eu/consumers/odr/.
FOND OF is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
