General Terms and Conditions (GTC)
Table of Contents
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Scope of Application
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Contracting Party, Conclusion of Contract, and Correction Options
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Contract Language and Storage of the Contract Text
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Delivery Conditions
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Payment
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Right of Withdrawal
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Transport Damage
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Warranty and Guarantees
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Liability
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Code of Conduct
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Agreement on the Use of Trusted Shops Buyer Protection
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Dispute Resolution
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Final Provisions
1. Scope of Application
These Terms and Conditions apply to all orders placed through our online shop by both consumers and business customers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.
A business customer is a natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business, or independent professional activity when entering into a legal transaction.
For business customers, the following applies: Any conflicting or supplementary general terms and conditions of the business customer are expressly rejected. They shall become part of the contract only if we have expressly agreed to their validity in writing.
2. Contracting Party, Conclusion of Contract, and Correction Options
The purchase contract is concluded with FilamentHaus.
By displaying products in our online shop, we make a binding offer to conclude a contract for those products.
You may initially place our products in your shopping cart without obligation and may review and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process.
The contract is concluded when you accept our offer by clicking the order button to place your order for the products contained in your shopping cart.
Immediately after submitting your order, you will receive an order confirmation by email.
3. Contract Language and Storage of the Contract Text
The languages available for concluding the contract are:
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German
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English
We store the text of the contract in our systems. However, it is not accessible to you after the contract has been concluded.
4. Delivery Conditions
4.1 Delivery Area
We deliver within Germany only.
4.2 Shipping Costs
Standard delivery is free of charge.
4.3 Delivery Options
Products will be shipped to the delivery address you provide during the ordering process.
You also have the option to collect your order in person at:
FilamentHaus
Lohmühlental 76
45307 Essen
Germany
Collection is available by appointment only.
We do not deliver to parcel lockers (Packstations).
5. Payment
The following payment methods are generally available in our online shop.
Cash Payment on Collection
If you choose to collect your order in person, you may pay the invoice amount in cash upon collection.
Credit Card
During the ordering process, you will be asked to enter your credit card details.
Your credit card will be charged immediately after you place your order.
SEPA Direct Debit
By submitting your order, you grant us a SEPA Direct Debit Mandate.
We will notify you of the date on which your account will be debited at least one banking business day in advance (pre-notification).
A banking business day is any weekday except Saturdays, nationwide public holidays in Germany, and December 24 and December 31.
Your account will be debited before the goods are dispatched.
Apple Pay
To pay via Apple Pay, provided by Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA, you must:
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use the Safari web browser;
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be registered with Apple;
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have Apple Pay activated;
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authenticate yourself using your Apple credentials; and
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confirm the payment instruction.
The payment transaction is processed immediately after your order has been placed.
Additional information is provided during the checkout process.
PayPal / PayPal Express
To pay using PayPal, provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, you must:
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have a PayPal account;
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log in using your PayPal credentials; and
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confirm the payment instruction.
The payment transaction is processed immediately after your order has been submitted.
Additional information is available during the checkout process.
PayPal may offer registered customers additional payment options based on its own eligibility criteria. We have no influence over the availability of these options. Any such additional payment methods are governed exclusively by your contractual relationship with PayPal. Further information is available in your PayPal account.
PayPal Services
In cooperation with PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, we offer the following PayPal payment services.
Unless otherwise stated below, payment via these services does not require a PayPal account.
Further information is provided during the checkout process.
PayPal / PayPal Express
To pay using PayPal or PayPal Express, you must be registered with PayPal, authenticate yourself using your account credentials, and confirm the payment instruction.
The payment transaction is processed immediately after the order is submitted.
PayPal may offer additional payment methods to selected registered customers at its own discretion. We have no influence over the availability of these payment methods. Further information is available in your PayPal account.
Credit Card via PayPal
If you choose to pay by credit card via PayPal, your card will be charged after your order has been shipped.
Direct Debit via PayPal
Payment by direct debit through PayPal is subject to an address and creditworthiness check and is processed directly by PayPal.
By confirming the payment instruction, you authorize PayPal to collect the payment by direct debit.
PayPal will inform you in advance of the debit date (pre-notification).
Your account will be debited before the goods are dispatched.
Purchase on Invoice via PayPal
Payment by invoice through PayPal is subject to an address and creditworthiness check and is processed directly by PayPal.
Purchase on Invoice via PayPal and Ratepay
Payment by invoice via PayPal is subject to an address and creditworthiness check and is processed directly by:
Ratepay GmbH
Franklinstraße 28–29
10587 Berlin
Germany
6. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal as described in our Withdrawal Policy.
7. Transport Damage
For Consumers
If goods are delivered with obvious transport damage, please report such damage to the delivery carrier as soon as possible and contact us immediately.
Failure to report transport damage or to contact us does not affect your statutory rights or the enforcement of those rights, in particular your statutory warranty rights.
However, reporting the damage helps us assert our own claims against the carrier or the transport insurance provider.
For Business Customers
The risk of accidental loss or accidental deterioration of the goods passes to you as soon as we have delivered the goods to the freight forwarder, carrier, or any other person or organization designated to carry out the shipment.
8. Warranty and Guarantees
8.1 Statutory Warranty Rights
Unless expressly agreed otherwise below, the statutory warranty provisions shall apply.
The following limitations and reductions of limitation periods do not apply to claims arising from damage caused by us, our legal representatives, or our agents:
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in the event of injury to life, body, or health;
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in cases of intentional misconduct or gross negligence;
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in the event of a breach of essential contractual obligations, the fulfillment of which is necessary for the proper performance of the contract and on which the contractual partner may regularly rely (cardinal obligations);
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where a guarantee has been expressly given; or
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where liability arises under applicable product liability laws.
Limitations for Business Customers
For business customers, only our own product specifications and the manufacturer's product descriptions incorporated into the contract shall be deemed agreed characteristics of the goods.
We accept no liability for public statements made by the manufacturer or for other advertising claims.
For business customers, the limitation period for warranty claims relating to newly manufactured goods is one year from the transfer of risk.
This limitation does not apply to goods that have been used in accordance with their normal purpose for a building and have caused the defectiveness of that building.
The statutory limitation periods governing recourse claims pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
Notice for Merchants
For merchants within the meaning of the German Commercial Code (HGB), the inspection and notification obligations set out in Section 377 HGB apply.
If you fail to notify us of defects as required by law, the goods shall be deemed accepted unless the defect was not identifiable during the required inspection.
This does not apply if we have fraudulently concealed a defect.
8.2 Guarantees and Customer Service
Information regarding any additional guarantees that may apply and their specific terms and conditions can be found with the respective product descriptions and on the relevant information pages in our online shop.
9. Liability
We shall be liable without limitation for claims arising from damage caused by us, our legal representatives, or our agents:
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in the event of injury to life, body, or health;
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in cases of intentional misconduct or gross negligence;
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where a guarantee has been expressly provided; or
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where liability arises under applicable product liability laws.
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), whose fulfillment is necessary for the proper performance of the contract and on which the contractual partner may reasonably rely, our liability shall be limited to the foreseeable damage that could typically be expected at the time the contract was concluded.
Any further claims for damages are excluded.
10. Code of Conduct
We have committed ourselves to complying with the following code of conduct:
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Trusted Shops Quality Criteria
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
11. Agreement on the Use of Trusted Shops Buyer Protection
Orders placed through our online shop are eligible for free Trusted Shops Buyer Protection for orders with a value of up to EUR 100.
For higher amounts, Trusted Shops offers optional paid buyer protection in cooperation with a guarantee provider.
The Trusted Shops Buyer Protection is subject to the Trusted Shops Buyer Protection Terms and Conditions.
Buyer Protection can be activated by clicking the corresponding button displayed on the Trustcard, which appears as a pop-up on the order confirmation ("Thank You") page after the order has been completed.
If you are already registered for Trusted Shops Buyer Protection, your order will automatically be protected without any further action on your part (automatic Buyer Protection).
To provide this service, the Trustcard accesses order information temporarily stored in your browser cache.
For this purpose, the following information is transmitted to Trusted Shops:
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a cryptographic hash of your email address;
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your order number; and
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your order value.
If you are already registered for Buyer Protection, your order will automatically be covered.
If you are not yet registered, you may register via the Trustcard as described above.
Further information regarding the processing of personal data by Trusted Shops can be found in the Trusted Shops Buyer Protection Terms and Conditions referenced above.
12. Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Final Provisions
If you are a business customer, German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).