Terms of service
Scope and Definitions
For the business relationship between Five12 GmbH, Kapellenstraße 12, 86441 Zusmarshausen (hereinafter referred to as "PROVIDER") and the recipient of the services (hereinafter referred to as "CUSTOMER", together also referred to as the "PARTIES"), particularly for contracts regarding the sale and delivery of movable goods (hereinafter referred to as "Goods", "Products" or "Items") via the website https://five12.de (hereinafter referred to as "WEBSITE"), these General Terms and Conditions apply exclusively.
Conflicting, differing, or additional General Terms and Conditions of the CUSTOMER do not become part of the contract unless the PROVIDER explicitly agrees to their validity. These General Terms and Conditions also apply if the PROVIDER performs services unconditionally in the knowledge of conflicting or differing conditions of the CUSTOMER.
All information provided by the CUSTOMER during the ordering process must be current and truthful. The registration of the CUSTOMER requires their legal age of majority. There is no entitlement to the conclusion of a contract.
The CUSTOMER must keep their access data, especially the chosen password, confidential. The CUSTOMER is obliged to inform the PROVIDER immediately if there are any indications that the access data might be used without authorization.
The version of the General Terms and Conditions valid at the time of the use of the services is applicable.
Where the following provisions use the generic masculine form, this is solely for the sake of simplicity and does not imply any valuation.
Conclusion of Contract
The presentation of the goods on the website, in social networks, or in advertisements does not constitute a legally binding offer by the PROVIDER to conclude a purchase contract. The CUSTOMER is merely invited to submit an offer by placing an order.
When selecting one or more products, they are placed in a virtual shopping cart, where the selected product(s) can be viewed, their quantity changed, or the products removed. By clicking the "CHECKOUT" button, the CUSTOMER is prompted to enter the information relevant to the shipment and select a payment method. Before completing the order, all relevant information is summarized and displayed to the CUSTOMER. By clicking the "buy" or "order with obligation to pay" button, the ordering process is completed, and the order is sent.
The PROVIDER confirms the receipt of the CUSTOMER's order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contract offer by the PROVIDER. It merely serves to inform the CUSTOMER that the order has been received by the PROVIDER.
The declaration of acceptance of the contract offer is made through an explicit contract confirmation via email. Contracts concluded via the WEBSITE are exclusively in German.
The General Terms and Conditions can be viewed at any time by the CUSTOMER at the URL https://five12.de/policies/terms-of-service and can be printed or saved using the respective browser function ("Print" or "Save as").
Prices, Shipping Costs, Delivery Times
For orders, the prices listed for the product(s) at the time of the order apply. All stated prices are final prices (gross prices), which include statutory VAT and other price components.
In addition to the stated prices, shipping costs may be incurred. The CUSTOMER is clearly informed of any applicable shipping costs on the product pages, in the shopping cart system, and on the order page.
Goods marked as "in stock" on the website will be delivered immediately after receipt of the order and, if applicable, after receipt of advance payment within a maximum of six weeks. The PROVIDER indicates any differing delivery times on the respective product page.
Payment Methods
Payment can be made via PayPal, Stripe, advance payment, and invoice. The CUSTOMER agrees that invoices from the PROVIDER will generally be sent electronically to the specified invoice recipient.
Delivery
If the PROVIDER cannot meet a binding delivery deadline for reasons not attributable to the PROVIDER (e.g., due to lack of self-supply by suppliers or force majeure), the PROVIDER will inform the CUSTOMER immediately, if necessary, specifying a new expected delivery date. If the new delivery date is not acceptable to the CUSTOMER, or if the goods are still not available within the new delivery period or at all, both parties are entitled to withdraw from the contract concerning the affected goods; any consideration already provided will be refunded immediately in this case. The statutory rights of the parties remain unaffected.
In cases of force majeure, the delivery time is extended appropriately. Force majeure includes, among other things, strikes, lockouts, governmental interventions, shortages of energy and raw materials, transport bottlenecks, operational disruptions such as fire, water, machine damage, and lightning strikes, and all other disruptions that the PROVIDER could not foresee and is not responsible for. The PROVIDER will inform the CUSTOMER of the start and end points of such delivery hindrances immediately.
Liability for Damages
The PROVIDER is liable, regardless of the legal grounds, within the framework of statutory provisions only in accordance with the following regulations:
The PROVIDER is liable without limitation for damages resulting from injury to life, body, or health that are based on intentional or negligent breaches of duty by the PROVIDER or one of its legal representatives or vicarious agents. Furthermore, the PROVIDER is liable for damages based on intentional or grossly negligent breaches of duty by the PROVIDER or one of its legal representatives or vicarious agents, as well as for damages due to the non-compliance with a guarantee or assured characteristic given by the PROVIDER or due to fraudulently concealed defects.
The PROVIDER is liable, limited to the compensation of the foreseeable, contract-typical damage, for such damages that are based on a slightly negligent breach of essential contractual obligations by it or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies.
Warranty
The warranty period is two years. This does not apply to damages resulting from injury to life, body, or health caused by the PROVIDER culpably, and not to damages caused intentionally or through gross negligence or fraud by the PROVIDER.
Only the PROVIDER's own information and the manufacturer's product description are agreed as the condition of the goods.
Claims under the Product Liability Act remain unaffected. Otherwise, the statutory provisions apply.
Retention of Title, Set-Off
The goods remain the property of the PROVIDER until full payment has been made.
The CUSTOMER is only entitled to set-off if their counterclaims are legally established, undisputed, or recognized by the PROVIDER. This does not apply to claims that the CUSTOMER has due to the exercise of the right of withdrawal.
If the CUSTOMER is in arrears with any payment obligations to the PROVIDER, all existing claims become due immediately.
Data Protection and Confidentiality
The CUSTOMER is informed that the PROVIDER collects, processes, and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data is treated confidentially.
The PARTIES undertake to treat all information from the area of the other party that becomes known to them in the course of the performance of the contract as confidential.
General Provisions
All disputes related to the use of the website are governed exclusively by the law of the Federal Republic of Germany, excluding all provisions of conflict of laws that refer to another legal system.
The invalidity of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining provisions.
Complaint procedure via online dispute resolution for consumers (OS): ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status: November 2022
