General terms and conditions

Terms and Conditions

  1. Scope

(1)          Our Terms and Conditions apply to all goods and services offered by us, manuele ficano, Riedweg 10 in 88079 Kressbronn, Germany, (hereinafter “we”) via the website www.manuele-ficano.com in accordance with the contract concluded between us and the customer.

(2)          These Terms and Conditions shall apply both to consumers pursuant to § 13 BGB (German Civil Code) and to businesses pursuant to § 14 BGB, insofar as no differentiation is made in individual provisions.

(3)          The legal relationship between us and the customer shall be governed exclusively by these Terms and Conditions. Deviating rules or regulations of the customer are hereby expressly rejected. Deviating rules or regulations of the customer shall not apply even if we do not expressly object to them individually.

(4)          These Terms and Conditions can be viewed on our website at any time or can be requested from us.

  1. Conclusion of contract
  • The goods and services presented on our website represent binding offers to conclude a contract for the purchase of these goods or booking of these services, unless the goods are individualized according to the customer’s wishes.
  • Before completing the order, the customer can make corrections in the shopping cart. If the customer is already in the checkout, the correction can be made after pressing the “Back” function of the browser or by selecting the shopping cart again. Corrections to the invoice and shipping details can be made directly in the input mask in the checkout.
  • When ordering goods, the contract is concluded when the customer, after selecting the desired products, entering personal data and selecting the means of payment, completes the ordering process by clicking on the button “zahlungspflichtig bestellen”. This does not apply to goods customized according to the customer’s wishes.
  • In the case of orders for individualized goods, the contract is concluded when the customer receives a binding offer from us following an inquiry, which the customer then also bindingly accepts by means of a clear declaration in text or written form.

After conclusion of the contract, the text of the contract is stored. The customer will be sent the details of the order in the order confirmation by e-mail.

  1. Prices, terms of payment

(1)          All prices in our webshop include the statutory value added tax. In addition to the final prices, depending on the shipping and payment method as well as the place of delivery, further costs will be incurred, which will be displayed before the order process is completed.

(2)          The customer has only the following options for payment:

  1. Payment service provider (PayPal and PayPal PLUS)

When paying by means of a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. Using the payment service provider allows us and the customer to process the payment among ourselves. In doing so, the payment service provider forwards the customer’s payment to us. For more information about the features and terms of use of the payment provider PayPal, please visit: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.

  1. Bank transfer

The invoice amount is to be transferred in advance to the specified account after notification of all details necessary for the transfer. A shipment of the goods will be made only after receipt of payment.

  1. Credit card

The processing of the payment method credit card payment takes place via the payment service provider Stripe. Stripe is a service of Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland. The seller assigns its payment claim to Stripe. Stripe collects the invoice amount from the specified credit card account of the customer. In case of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be charged immediately after sending the customer’s order in the online store. The seller remains responsible for customer inquiries regarding the order even if the payment method credit card payment via Stripe is selected.

  1. Instant bank transfer

The instant bank transfer “Sofortüberweisung” is a service of Sofort GmbH, Theresienhöhe 12, 80339 Munich. Through the Sofortüberweisung, the customer can make the payment of the ordered products and services during the order via the online banking of the customer’s account. After selecting the payment method, the customer is redirected to the payment form of Sofort GmbH. For the use of the form and the associated service, the privacy policy of Sofort GmbH applies, available at: https://www.klarna.com/sofort/datenschutz/.

  1. giropay

Through giropay, the customer can make the payment for the ordered products and services during the order via the online banking of the customer’s account. Giropay is a service of paydirekt GmbH, Stephanstraße 14-16, 60313 Frankfurt am Main. For the use of giropay and the associated service, the data protection guidelines of paydirekt GmbH apply, available at: https://www.giropay.de/rechtliches/datenschutzerklaerung.

  1. EPS

EPS (Electronic Payment Standard) is an online payment system operated by Adyen N.V. German Branch, Friedrichstraße 63, entrance Mohrenstraße 17, 10117 Berlin. If the customer selects EPS, after being redirected to the EPS pages, he can then make the payment directly from his bank account by selecting his bank and being redirected to his banking environment. For the use of EPS and the associated service, the privacy policy of Ayden applies, available at: https://www.adyen.com/de_DE/richtlinien-und-haftungsausschluss/privacy-policy.

(3)          Other payment methods are not offered and will be rejected.

(4)          The statutory provisions concerning the consequences of default in payment shall apply.

(5)          The customer shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed, recognized by us or if the counterclaims are based on the same contractual relationship as our main claim. If the customer is an entrepreneur, he shall only be entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

  1. Terms of delivery, performance deadlines, default of acceptance

(1)          The delivery of goods is made by shipping to the delivery address specified by the buyer, unless otherwise agreed. If the customer is a business, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, in case of shipment upon delivery of the goods to the selected service provider for this purpose.

(2)          The goods are usually shipped within 24 hours after receipt of payment. The standard delivery time is 3 days. For custom-made products, the delivery time agreed separately in the contract is decisive.

(3)          If delivery periods have been specified by us or have been made the basis for the conclusion of the contract, such periods shall be extended in the event of strikes and cases of force majeure for the duration of the delay. The same shall apply if the customer fails to fulfill any obligations to cooperate. If we are not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by our own suppliers, although a corresponding covering transaction was made in good time, we shall have the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and any services received, in particular payments, will be refunded.

  1. Vouchers

(1)          Purchased vouchers are valid for 24 months from the date of issue and are transferable at any time. Vouchers are not paid out in cash during their validity and do not bear interest. After expiration of the voucher, the customer is entitled to a refund of the monetary value of the voucher minus a profit margin of 20% until the end of the regular limitation period.

(2)          Vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

(3)          Vouchers cannot be redeemed for the purchase of additional vouchers.

  1. Retention of title and other reservations

In the case of contracts with consumers, we retain ownership of the object of purchase until the purchase price has been paid in full. If the customer is a business, the ownership of the goods is reserved until all claims against the customer have been settled, even if the specific goods have already been paid for.

  1. Right of withdrawal

Express reference is made to the separate withdrawal policy for consumers.

  1. Transport damage

If goods are delivered with obvious transport damage, this should be reported to the delivery agent as soon as possible. The customer should contact us immediately. A violation of this obligation has no consequences for the legal claims of the customer and their enforcement, especially with regard to warranty rights. However, by contacting and reporting the damage to the supplier without delay, claims against the carrier or the transport insurance can be secured.

  1. Product quality – Warranty – Statute of limitations

(1)          In the event of a defect, we shall be liable in accordance with the statutory provisions, insofar as no restrictions arise from the following.

(2)          If the customer is a business, warranty rights can only be asserted if the customer has properly fulfilled its obligations to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

(3)          The limitation period for defect claims for the delivery of new goods is two years, for the delivery of used goods one year. The period shall begin with the transfer of risk. This shall not apply insofar as claims for damages due to defects are concerned. If the customer is a business, the warranty period for all goods shall be limited to one year.

(4)          We do not give any guarantees to the customer in the legal sense.

  1. Disclaimer

(1)          Our liability for contractual breaches of duty and for tort is limited to intent and gross negligence. This shall not apply in the event of injury to life, limb, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract, as well as compensation for damage caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault. In the event of a slightly negligent breach of essential contractual obligations, we shall only be liable for typical and foreseeable damage.

(2)          The above limitations of liability shall also apply to all companies affiliated with us as well as to any personal liability of our employees, workers, representatives, shareholders and vicarious agents and/or companies affiliated with us.

(3)          Insofar as our  liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.

  1. Final provisions

(1)          The law of the Federal Republic of Germany shall apply to this contract. This shall not apply if special consumer protection regulations in the customer’s home country are more favorable (Art. 6 VO [EG] 593/2008).

(2)          The statutory provisions on the places of jurisdiction shall remain unaffected unless otherwise provided for in the special provision of paragraph (3).

(3)          If the customer is a merchant under German law, a legal entity under German public law or a special fund under German public law, the place of jurisdiction shall be at our registered office. However, we shall also be entitled to sue the customer at the court of his place of residence. In the case of a contract with a consumer, the place of jurisdiction shall be our registered office if the customer moves his place of residence or habitual abode outside the territory of the Federal Republic of Germany after conclusion of the contract. This shall also apply if the customer’s place of residence or habitual abode is not known at the time the action is brought.

  1. Dispute resolution; implementation of the ODR Directive

(1)          Online Dispute Resolution pursuant to Art. 14 (1) ODR: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. The e-mail address is info@manuele-ficano.com.

(2)          We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.