GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions apply without limitation or reservation to all sales made between
VICTOR FOXTROT GmbH & Co. KG
Wichmannstrasse 4 House 12
Tel +49 40 79697347
Managing Directors: Florian Vogel, Carolin Kreidel
Local Court Hamburg HRA 126 326
VAT ID: DE335374687
the contract between VICTOR FOXTROT (hereinafter referred to as "VICTOR FOXTROT") and all users (hereinafter referred to as the "Customer") of the website www.victorfoxtrot.de (hereinafter referred to as the "Website") is concluded via the online shop of the Website.
1.2 Each purchase made on the Website is subject to all the provisions of the General Terms and Conditions in force at the time the order is placed. By ticking the box provided for this purpose, the customer confirms that he has taken note of the General Terms and Conditions published at the time of his order and that they become part of the contract.
1.3 VICTOR FOXTROT reserves the right to modify its General Terms and Conditions at any time. These amendments shall also apply to any business relationship already existing at that time, provided that VICTOR FOXTROT notifies the Customer of the amendments in text form and the Customer does not object to the amendments within 6 weeks, provided that VICTOR FOXTROT has again expressly informed the Customer of this possibility of objection when notifying the Customer of the amendments.
1.4 Any deviating or supplementary general terms and conditions of the customer shall only apply if VICTOR FOXTROT has expressly agreed to them in the individual case.
2. CONCLUSION OF THE CONTRACT
2.1 The purchase contract between VICTOR FOXTROT and the Customer shall be concluded when the Customer places an order (Customer's Offer) via the Online Shop of the Website and VICTOR FOXTROT accepts the Customer's Offer. The contract shall be concluded exclusively in the German language.
2.2 The presentation of the products in the Online Shop does not constitute a legally binding offer by VICTOR FOXTROT, but a non-binding online catalogue (invitation to the customer to submit an offer).
2.3 The ordering process is divided into the following steps:
In the empty field to the left of the "Add to cart" field, the Customer can enter the desired number of items. By clicking on "Add to shopping cart", the customer can place the desired number of items in the shopping cart without obligation. If no entry is made in the empty field to the left of the "Add to shopping cart" field regarding the desired number of items, the number of items 1 will be added to the shopping cart.
All items in the shopping basket can be viewed by clicking on the "Shopping basket" field. Here the customer can delete items or change their quantity.
To purchase the items from the shopping basket, the customer clicks on the field "Proceed to checkout". This initiates the ordering process. Before clicking on the "Proceed to checkout" field, any existing voucher code can be entered in the corresponding field and the voucher redeemed by clicking on the "Redeem" field.
The customer data (billing address) and, if applicable, an alternative delivery address are then entered and the customer selects the payment method.
The payment methods prepayment by bank transfer and PayPal are available. In the case of advance payment, the customer pays in advance by bank transfer. In the case of payment in advance, the goods will only be delivered as soon as the ordered goods are ready for delivery and the full invoice amount has been credited to the account of VICTOR FOXTROT. If the ordered items have not yet been produced, production will not begin until the full invoice amount has been received in VICTOR FOXTROT's account.
PayPal is a payment method that allows customers to pay for their order securely and quickly without having to give their bank details to retailers. The bank details are deposited once when the PayPal account is opened. They are then encrypted and stored. If the customer already has a PayPal account, he can simply log in with his PayPal login. If the customer does not yet have a PayPal account, he can still use this payment method. After submitting his order, the customer will be redirected to the PayPal page where he can log in and enter his bank details. With this payment method, your account will be debited upon completion of the order. After selecting the payment method, the customer confirms that he/she has read and understood the General Terms and Conditions and declares that he/she agrees to the General Terms and Conditions becoming part of the contract by clicking on the field "I accept the General Terms and Conditions".
Checking of the entered data by the customer and correction if necessary.
Submitting the order by clicking the field "Order subject to payment". By doing so, the customer makes a binding offer to purchase the goods in the shopping basket.
The confirmation of the receipt of the order together with the acceptance of the order is sent immediately after sending by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded.
2.4 VICTOR FOXTROT is responsible for the electronic recording and processing of the data relating to the Customer's order.
3.1 VICTOR FOXTROT partially offers customers the opportunity to customize the products they wish to order on the website according to their needs. In the case of ordering customized products, there is no right of withdrawal according to § 312g paragraph 2 No. 1 of the German Civil Code (BGB).
4.1 The prices displayed on the website are in euros and include the applicable value-added tax. The product prices do not include delivery fees. Delivery fees are charged in addition to the product price and will be communicated to the customer during the ordering process. For orders with a value of €300 or more, delivery within Germany (excluding German islands) is free of charge.
5. MANUFACTURING OF PRODUCTS / AVAILABILITY OF MATERIALS
5.1 VICTOR FOXTROT products are unique or limited edition items that are individually manufactured for each customer. In the event that the stock of materials required for the production of the products is partially or fully depleted after the order confirmation by VICTOR FOXTROT, VICTOR FOXTROT reserves the right to withdraw from the contract. In such cases, VICTOR FOXTROT commits to promptly inform the customer via email and provide an immediate refund for any payments already made.
6.1 Before placing an order or making a purchase, the customer is advised to check the provided product dimensions and information on the product datasheet to ensure that each ordered product is suitable for the local conditions of their residence (e.g., elevators, stairs, hallways, room dimensions, etc.) and can be delivered to their apartment smoothly using standard furniture transportation methods. The customer is responsible for making all necessary arrangements to facilitate a smooth delivery process.
6.2 Product delivery is available within Germany and is shipped to the billing address provided by the customer during the ordering process or an alternative delivery address.
6.3 The delivered products come with a delivery note. The customer should verify that the delivered products match their order.
6.4 For deliveries to German islands, the customer should directly inquire about the associated costs from VICTOR FOXTROT.
6.5 Unless otherwise agreed, VICTOR FOXTROT is not responsible for assembly. The customer should assemble the products themselves using the provided assembly instructions.
6.6 Delivery is carried out through shipping with Deutsche Post or a freight forwarder. In the case of a freight forwarder, the freight forwarder appointed by VICTOR FOXTROT will contact the customer by phone to arrange a delivery date.
6.7 In the case of delivery by a freight forwarder:
Delivery is made to the curbside.
If the customer is not available on the scheduled delivery day, the customer should notify the freight forwarder no later than the evening before and arrange a new delivery date.
When arranging the delivery with the freight forwarder appointed by VICTOR FOXTROT, it is the customer's responsibility to inform them about any access issues that the freight forwarder may encounter and to ensure that their apartment is accessible with sufficient clearance.
If the products cannot be delivered to the apartment using standard means (e.g., main entrance, stairwell) due to local conditions, the customer is responsible for covering any additional costs incurred for renting elevators or using other means of transport, in addition to the listed product price and delivery fees.
If delivery difficulties caused by the customer or the customer's absence at the agreed delivery date require a new delivery, the customer will be responsible for the associated costs of €99, unless the customer can demonstrate that VICTOR FOXTROT incurred no or lower costs as a result.
7. DELIVERY TIME
7.1 VICTOR FOXTROT informs the customer about the delivery times upon ordering.
7.2 The specified delivery times depend, in particular, on the availability of the materials required for the production of the products.
7.3 The delivery times commence upon conclusion of the contract.
7.4 VICTOR FOXTROT cannot be held liable for delivery delays caused by force majeure.
8. AFTER PRODUCT DELIVERY
8.1 After delivery, the customer, who is a consumer within the meaning of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), has the statutory rights regarding defects (sachmängelgewährleistungsrechte). Their statutory right of withdrawal remains unaffected.
8.2 If the customer is a business entity within the meaning of § 14 of the German Civil Code (BGB), they are required to inspect the product promptly upon delivery by the seller, to the extent feasible in the ordinary course of business, and to immediately notify VICTOR FOXTROT of any defects that become apparent.
8.3 In particular, the business entity shall examine:
The visible condition of the package(s)
The condition of the products inside the package(s)
The proper conformity of the products in relation to the delivery note and the ordered goods
8.4 If the delivery is carried out by a freight forwarder, the business entity shall note any defects on the delivery note.
8.5 If the business entity fails to notify VICTOR FOXTROT of any defects, the product shall be deemed accepted, unless the defect was not recognizable during the inspection.
8.6 If such a defect becomes apparent at a later time, the business entity shall notify VICTOR FOXTROT immediately upon discovery; otherwise, the product shall be deemed accepted with regard to that defect as well.
8.7 To preserve the rights of the business entity, it is sufficient to timely dispatch the notification.
9.1 Unless otherwise agreed, VICTOR FOXTROT is not responsible for installation.
9.2 If installation was not contractually agreed upon and improper installation or damage to the products occurs during installation by the customer and/or a person of their choice, VICTOR FOXTROT cannot be held liable for any resulting damages.
10. RETENTION OF TITLE AND TRANSFER OF RISK
VICTOR FOXTROT retains ownership of the products until full payment (including the principal amount and ancillary costs) has been made. However, this does not prevent the transfer of risk for loss and damage of the purchased products, as well as any associated liabilities, to the customer upon their delivery.
11. PRODUCT INFORMATION
VICTOR FOXTROT publishes information regarding the essential characteristics of the products and provides a "product data sheet" with product descriptions on its website. However, there may be minor variations, particularly in terms of appearance, between the products depicted on the website and the products delivered to the customer, especially when natural materials (such as natural stone/marble) are used in the manufacturing process.
12. RIGHT OF WITHDRAWAL
12.1 The customer, who is a consumer according to § 13 of the German Civil Code (BGB), has the right of withdrawal according to § 312g paragraph 1 BGB and § 355 BGB. However, the right of withdrawal does not apply to custom-made products according to § 312g paragraph 2 No. 1 BGB.
12.2 In case of withdrawal, the customer shall bear the regular costs of return shipment if the price of the returned product does not exceed 40 euros, or if the price of the product is higher and the customer has not yet provided the consideration or a partial payment at the time of withdrawal, unless the delivered goods do not correspond to the ordered ones.
The customer has the right to revoke the contract declaration within 14 days without stating any reasons, in written form (e.g., letter, fax, email), or – if the goods are delivered before the deadline – by returning the goods. The revocation period begins upon receipt of this revocation instruction in written form but not before the recipient has received the goods (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before the fulfillment of the information obligations by VICTOR FOXTROT in accordance with Article 246 of the Introductory Act to the German Civil Code (EGBGB) in conjunction with § 312d of the German Civil Code (BGB). To comply with the revocation period, it is sufficient to send the revocation or the goods in a timely manner. The revocation is to be addressed to:
Wichmannstrasse 4 Haus 12
In the event of an effective revocation, the mutually received performances shall be returned, and any benefits obtained (e.g., interest) shall be surrendered. If the customer is unable to return the received performance as well as any benefits (e.g., benefits of use) in whole or in part or only in a deteriorated condition, the customer may be required to compensate VICTOR FOXTROT accordingly. This may involve the obligation to provide compensation for the value insofar as the deterioration of the goods and benefits is due to handling the goods beyond what is necessary to ascertain their nature, characteristics, and functionality. "Ascertaining the nature, characteristics, and functionality" refers to testing and trying out the respective goods as would be possible and customary in a retail store. Goods that can be shipped by parcel are to be returned at the risk of VICTOR FOXTROT. The customer shall bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the goods to be returned does not exceed 40 euros or if, in the case of a higher price of the goods, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for the customer. Goods that cannot be shipped by parcel will be collected from the customer. Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer upon sending their revocation declaration or the goods, and for VICTOR FOXTROT upon receiving them.
End of revocation instruction.
13.1 VICTOR FOXTROT is liable according to the statutory provisions for damages caused by intent or gross negligence on the part of VICTOR FOXTROT, its legal representatives, or vicarious agents. The same applies in the event of the violation of life, body, or health.
13.2 In the event of the violation of material contractual obligations (cardinal obligations), VICTOR FOXTROT is also liable according to the statutory provisions. Material contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on which the customer regularly relies.
13.3 In cases of simple and slight negligence, VICTOR FOXTROT is liable only for the violation of material contractual obligations on which the customer can typically rely. However, in these cases, VICTOR FOXTROT is not liable for indirect or unforeseeable damages, consequential damages, loss of profit, or missed savings.
13.4 In all other respects, liability of VICTOR FOXTROT for negligence is excluded. This limitation of liability also applies to the legal representatives, employees, staff, and vicarious agents of VICTOR FOXTROT.
13.5 The products sold on the website are intended for private use only and not for commercial use.
14. DATA PROTECTION
VICTOR FOXTROT takes the protection of personal data very seriously and collects and uses personal data only within the scope of the provisions of the data protection laws of the Federal Republic of Germany. Personal data is collected on this website only to the extent necessary from a technical perspective. Under no circumstances are the collected data sold or unauthorizedly disclosed to third parties for any other reasons.
15. INTELLECTUAL PROPERTY
The content of the website (text, logos, images, and/or audiovisual material) is the property of VICTOR FOXTROT and its partners and is subject to the applicable provisions for the protection of intellectual property. The content may not be copied, reproduced, distributed, transmitted, or recorded in any form without prior written permission from VICTOR FOXTROT. The intellectual property of VICTOR FOXTROT and its partners must be respected and protected.
16. FINAL PROVISIONS
16.1 Should one or more of the above provisions be or become invalid, the remaining provisions of these terms and conditions and the contract as a whole shall remain unaffected.
16.2 In such case, the contracting parties hereby agree to replace the invalid provision with a provision that achieves the intended contractual purpose to the greatest extent economically possible.
16.3 The contractual relationship and any other legal relations between VICTOR FOXTROT and the customer shall be exclusively governed by German law.