1. Area of Validity
All business transactions between Fingerhut, Am Gerstenkamp 28, 44789 Bochum, Germany, represented by Christiane Dahlbeck, and the customer are solely subject to these Terms and Conditions. Terms and conditions that differ from or are opposing Fingerhut’s Terms and Conditions are not acknowledged by Fingerhut and are explicitly objected to. Opposing terms and conditions stipulated by the customer are only valid if Fingerhut agrees with them explicitly in written form.
2. Conclusion of Contract
The presentation of products in Fingerhut’s online shop is not a legally binding offer, but a non-binding online catalogue. After the customer has entered personal data and by pressing the button “liability to pay order” during the final step of the ordering process, the customer has entered into a legally binding contract to buy the products listed in the shopping basket. An order confirmation will be sent to the customer immediately after the order has been received. The purchase contract is valid after Fingerhut has sent the order confirmation or the ordered merchandise has been dispatched. A purchasing contract is no longer binding if the ordered merchandise or order confirmation has not been received within two weeks. The particulars of this contract will be saved. The customer may view and read these Terms and Conditions on Fingerhut’s Web Site at any time. Alternatively, they may be saved on the customer’s computer or printed. The relevant order information will be sent to the customer’s E-mail address; the same information is available after the customer has logged in on Fingerhut’s site.
3. Power of Revocation
Any contract maybe revoked within two weeks, without stating reasons, in written form (e.g. letter, fax, E-mail) or by returning the merchandise that was sent to the customer before expiry of the cancellation period (not applicable to embroidery kits and embroidery books). The cancellation period commences after receipt of this written document, but not before the merchandise has been received by the customer (in case of repeat orders for goods of the same kind not before receipt of the first part-shipment). The cancellation period also doesn’t commence before our information duty has been fulfilled according to Article 312c, Paragraph, 1 Clause 1 BGB (German Civil Law) in conjunction with Article 1, Paragraph 1, 2 and 4 BGB-InfoV; our duties according to Article 312e, Paragraph 1, Clause 1 BGB in conjunction with Article 3 BGB-InfoV have to be fulfilled as well. To observe the cancellation period it will be sufficient to either dispatch the revocation or to return the merchandise in good time. The revocation should be addressed to:
Am Gerstenkamp 28
Fax: +49 234 333855 92
Consequences of Revocation
Should a revocation be justified and accepted the customer has to return the merchandise while Fingerhut will reimburse the customer. Also gains (e.g. interest) resulting from the use of the merchandise have to handed over. In case the merchandise is not returned completely or in part, or is returned in bad condition Fingerhut reserves the right to demand compensation. If the bad condition has been caused exclusively due to examination by the customer at point of sale compensation is not applicable. To avoid compensation it is recommended not to use the merchandise. The merchandise should not be regarded as own property and all actions affecting the value of the merchandise should be omitted. Parcels that are adequately packed can be returned at our risk. The customer has to pay for the return if the merchandise supplied corresponds with the customer’s order or if the value of the merchandise doesn’t exceed 40 Euro. The customer also has to pay for the return if the value of the merchandise exceeds 40 Euro at the time of revocation and the customer failed to pay for the merchandise in full or failed to effect an agreed part payment. In all other cases the return of merchandise is free of charge to customers. Parcels not adequately packed will be collected from the customer’s premises. Required reimbursements have to be effected within 30 days. For the customer, the revocation period commences with the dispatch of the revocation or the merchandise; for Fingerhut the revocation period commences when the revocation or the returned merchandise has been received.
-End of Revocation Instruction-
Warranty issues are subject to German law; in the event of a product being defective it is at the customer’s discretion to request either repair or replacement of the defective merchandise. Should the repair be unsuccessful or the replacement be defective as well, the customer may return the merchandise for reimbursement of the full purchase amount or keep the merchandise and reduce the purchase amount. Information about possible manufacturers’ warranties are available in the relevant product documentation.
5. Reservation of Ownership
The merchandise remains property of Fingerhut until the purchase amount has been settled in full.
6. Place of Jurisdiction
Place of performance and jurisdiction is the headquarters of Fingerhut. Applicable is solely the law of the Federal Republic of Germany. Alternative Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO und § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter http://ec.europa.eu/consumers/odr/
finden. Verbraucher haben die Möglichkeit, diese Plattform für die Beilegung ihrer Streitigkeiten zu nutzen. Wir sind grundsätzlich bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.