GTC

1. Scope of application

1.1. The following terms and conditions of sale and delivery only apply to orders placed via our website in our online store.

1.2. The following terms and conditions of sale and delivery apply exclusively. The Terms and Conditions of Sale and Delivery shall therefore also apply to all future orders from companies, even if they are not expressly agreed again. We do not recognize any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale and Delivery unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale and Delivery shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale and Delivery.

2. Contracting parties and conclusion of contract

2.1. The contractual partner is

CLICKCONCEPTS GmbH
Ferdinand-Porsche-Straße 4
73479 Ellwangen
Phone +49 (0) 7961 / 96 393 500
E-mail service@fitzandhuxley.com

Managing directors: Marc Walter, Florian Bader

Ulm District Court, Commercial Register No. 510577

Sales tax identification number according to § 27a of the sales tax law DE 216 388 423

2.2. The information on our website merely represents a non-binding invitation to the customer to order goods from us.

2.3. By sending the order from the shopping cart or, in the case of orders by e-mail or telephone, the customer submits a binding offer to conclude a purchase contract. Upon receipt of the order in our online store, the customer will immediately receive a confirmation of receipt by e-mail. The confirmation of receipt does not constitute a declaration of acceptance. In the case of orders in the online store or by e-mail, a contract is only concluded with our written order confirmation or immediate delivery by us. In the case of telephone orders, the contract is concluded on the telephone.

2.4. We shall only assume a procurement risk if we have the ordered goods in stock. Otherwise, the conclusion of the contract is always subject to correct and timely delivery to us. If our supplier does not supply us or does not supply us on time, we shall inform the customer of this immediately. The customer may then withdraw from the contract. In such a case, any purchase price already paid will be refunded by us.

2.5. Drawings, illustrations, dimensions and weights as well as other performance data are only binding if this is expressly agreed in writing.

3. Prices and terms of payment, credit check and scoring

3.1. Unless otherwise stated in the order confirmation or expressly agreed otherwise, our prices are "ex warehouse", including packaging.

3.2. All our prices are without deduction including VAT, unless otherwise stated. The prices stated in the online store only apply to orders placed there at the time of ordering. The shipping costs can be found on our website and will be communicated to you before you place your order.

3.3. We generally offer the customer the following payment options. The selection may change from online store to online store:

PayPal,

Credit card,

Google Pay,

Purchase on account via Klarna

We reserve the right to carry out orders only against prepayment, PayPal or cash on delivery in order to secure our default risk. In this case, we will inform the customer immediately.

a) PayPal

If the payment method PayPal is selected, the invoice amount will be debited by PayPal when the order is placed. The PayPal terms of use apply. All questions will be answered by PayPal customer service on the free telephone number 0800 723 4721.

b) Credit card

When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual charge to your credit card account takes place at the time we ship the goods to you.

c) Google Pay

To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, authenticated yourself with your access data and confirmed the payment instruction. The payment transaction is carried out immediately after the order is placed. You will receive further instructions during the ordering process.

d) Purchase on account via Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice is only available for consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. You can find the full terms and conditions for purchase on account here https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0

For the purpose of deciding on the establishment, execution or termination of the contractual relationship, we collect or use probability values, the calculation of which includes address data. The interests of the customer worthy of protection are taken into account in accordance with the statutory provisions. Further details can be found in our privacy policy.

3.4. If the customer is in default of payment, we shall be entitled to demand default interest in the amount of 5 percentage points for consumers or 8 percentage points above the respective base interest rate p.a. for entrepreneurs. If we are able to prove a higher damage caused by default, we are also entitled to claim this.

3.5. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed, have been recognized by us or are in a close synallagmatic relationship to our claim. In addition, he is authorized to exercise a right of retention insofar as a counterclaim is based on the same legal relationship.

4. Costs for delivery and shipping

4.1. The goods are packed by us ready for shipment. Delivery shall be made by dispatch from Ellwangen or directly from the manufacturer to the address provided by the customer.

4.2. The shipping costs can be found on our website. The shipping costs will also be communicated before the order is placed.

4.3. If the customer is in default of acceptance, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses incurred. We reserve the right to assert further claims.

4.4. If, in the event of default of acceptance, the customer fails to comply with a written request for acceptance within a reasonable period of time, we shall be entitled to refuse performance of the contract and to claim damages for non-performance. In this case, we shall be entitled to demand either a lump sum of 20% of the agreed gross purchase price as compensation from entrepreneurs, unless the customer can prove that the damage is lower, or to demand compensation from the customer for the actual damage incurred.

4.5. If the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the point in time at which the customer is in default of acceptance.

4.6. Partial deliveries are permissible, provided they are not unreasonable for the customer.

4.7. In cases of force majeure, strike, lockout or similar unforeseen events that hinder the execution of an order, we are not bound to the agreed delivery time for the duration of the hindrance.

5. Right of withdrawal for consumers

5.1. The right of withdrawal for orders in the online store

Consumers have a thirty-day right of withdrawal.

A consumer within the meaning of Section 13 BGB is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

 

Exclusion of the right of withdrawal:

The right of withdrawal does not apply to distance contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(*) Delete as appropriate.

 

6. Terms of delivery - transfer of risk for sales contracts with companies

6.1. If we do not ship the goods ourselves, all shipments shall be made at the risk of the customer, who shall also be responsible for insuring the goods. The transfer of risk shall take place at the time the goods are handed over by us to the shipping agent or the customer.

6.2. Recognizable transport damage must be reported in writing to the delivering shipping agent immediately upon acceptance of the goods, concealed transport damage within seven days of discovery at the latest.

6.3. We reserve the right to choose the shipping route and the shipping method.

7. Guarantee

7.1. Guarantees are only assumed by us within the framework of individual contractual agreements.

7.2. In case of doubt, our declarations in connection with this contract (e.g. service description, order confirmation, etc.) do not contain the assumption of a guarantee. In case of doubt, only express written declarations on our part regarding the assumption of a guarantee shall be authoritative.

7.3. The items offered in our store are subject to statutory liability for defects.

7.4. If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:

7.4.1. The commercial obligation to inspect and give notice of defects pursuant to § 377 HGB also applies if the customer is the purchaser within the meaning of § 14 BGB and the order is placed in the exercise of a commercial or independent professional activity.

7.4.2. The statutory warranty period for new goods is limited to one year - with the exception of claims for damages in accordance with Section 7 of these GTC.

7.4.3. The warranty for used goods - with the exception of claims for damages in accordance with Section 7 of these GTC - is excluded in its entirety.

7.4.4. If there is a defect in the purchased item for which we are responsible, we shall be entitled to choose between rectification of the defect or replacement delivery, in deviation from Section 439 (1) BGB. The customer shall bear the expenses necessary for the purpose of subsequent performance insofar as they are increased by the fact that the delivery item is taken to a place other than the customer's branch office, unless the transfer corresponds to its intended use.

7.4.5. If a repair or replacement delivery fails twice, the customer shall be entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction of the purchase price (reduction). Further claims of the customer are excluded. This applies in particular to claims for damages by the customer.

7.4.6. Insofar as the customer asserts rights under the recourse provisions of §§ 478, 479 BGB, we exclude liability for damages - to the extent permitted by law.

8. Liability

8.1. We shall be liable without limitation in accordance with the statutory provisions for damages to life, body and health which are based on a negligent or intentional breach of duty by us, our legal representatives or our vicarious agents, as well as for damages which are covered by liability under the Product Liability Act. For damages that are not covered by sentence 1 and that are based on intentional or grossly negligent breaches of contract and fraudulent intent by us, our legal representatives or our vicarious agents, we shall be liable in accordance with the statutory provisions. In this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage, unless we, our legal representatives or our vicarious agents have acted willfully. To the extent that we have given a guarantee of quality in respect of the goods or parts thereof, we shall also be liable under this guarantee. However, we shall only be liable for damage that is based on the absence of the guaranteed quality but does not occur directly on the goods if the risk of such damage is clearly covered by the quality guarantee.

8.2. We shall also be liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract. However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable.

8.3. Any further liability is excluded irrespective of the legal nature of the claim asserted; this also applies in particular to tortious claims or claims for reimbursement of futile expenses instead of performance.

8.4. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

9. Revocation

We are entitled to withdraw from the contract at any time and without reminder if it is apparent that the financial circumstances of the customer have deteriorated significantly and, as a result, the fulfillment of the customer's obligation is at risk. These conditions shall be deemed to be fulfilled, for example, if the customer suspends payments, enforcement measures are taken against payment claims, bills of exchange and checks are protested or insolvency proceedings are applied for or opened against the customer's assets. The rights shall also exist if these conditions already existed at the time of conclusion of the contract but were not known to us.

10. Retention of title

10.1. We reserve title to the goods until receipt of the purchase price.

10.2. If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods (final invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under reservation of title.

10.3. The following also applies to entrepreneurs:

10.3.1. In the event of seizures and other interventions, the customer must notify us immediately in writing so that we can bring an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is able to reimburse the court and out-of-court costs of an action pursuant to Section 771 ZPO, the customer shall be liable for the loss incurred by us.

10.3.2. The customer shall be entitled to resell the goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the invoice amount (including VAT) of our claim which accrue to him from a resale against his customers or third parties, irrespective of whether the goods have been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we undertake not to collect this claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended. If this is the case, however, we may demand that the customer discloses the claims assigned to us to the debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

11. Applicable law

Contractual relationships to which these Terms and Conditions of Sale and Delivery apply shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980. Mandatory provisions of the country in which the consumer usually resides shall remain unaffected by the choice of law.

12. Place of jurisdiction - Place of performance

12.1. For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the local court responsible for our place of business or the chamber for commercial matters of the regional court responsible for our place of business shall have jurisdiction, depending on the amount in dispute. However, we are also entitled to sue the customer at his place of residence or business.

12.2. Unless otherwise stated in the order confirmation, our registered office is the place of performance.

13. Miscellaneous

13.1. The language of the contract is German. Even if the text of the contract is translated into another language, the German text of the contract shall remain binding.

13.2. We do not save the text of the contract. You can download the GTC as a PDF below and download and print your order using the functions of your browser.

13.3. Should any provision of these Terms and Conditions of Sale and Delivery be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

13.4. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr/.

We are prepared to participate in dispute resolution proceedings before consumer arbitration boards.

Status as of: February 2025