General Terms and Conditions
General Terms and Conditions
§ 1 Scope and Provider
(1) These General Terms and Conditions apply to all orders that you place with the online shops www.freddywear.de and www.freddywear.at of
SBC Deutschland GmbH
Vesijärvenkatu 11 A
15140 Lahti
Finland
Managing Director: Väinö Kaalikoski
Service Hotline: 0800-2233 160
Email: info@freddywear.de
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18. Ordering items in our online store is prohibited for those under 18 years of age. An order from a minor is only possible through a legal guardian.
(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions also apply to companies for all future business relationships, even if they are not expressly agreed upon again. The inclusion of a customer's general terms and conditions that contradict our General Terms and Conditions is hereby rejected.
(4) The contract language is exclusively German.
(5) You can access and print the currently valid General Terms and Conditions on the www.freddywear.de and www.freddywear.at websites.
§ 2 Conclusion of Contract
(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the "Order with obligation to pay" button, you submit a binding purchase offer (§ 145 German Civil Code [BGB]).
(3) After receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation does not yet constitute acceptance of your purchase offer. A contract is not concluded by the order confirmation.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we send the goods to you – without a prior express declaration of acceptance.
(5) We reserve the right to cancel an order due to errors in our online store; for example, in the case of printing errors, technical errors, or spelling mistakes.
(6) If you have any questions about your order, please contact our customer service immediately by phone or email (info@freddywear.de). When contacting our customer service, please have your order number ready so that we can help you faster and more effectively. If you wish to change your order, please contact our customer service to check if a change is still possible. It is no longer possible to change the order after the goods have been shipped.
§ 3 Prices
(1) The prices stated on the product pages include the statutory value-added tax and other price components. The costs for standard shipping via DHL to Germany and Austria are €3.90. Additional costs may occur if you choose an alternative shipping or delivery option.
(2) During special offers and discount promotions, only gift vouchers are valid. Promo codes or other voucher codes cannot be combined with special offers and discount promotions or other vouchers.
§ 4 Payment Terms; We use Klarna Checkout in our checkout area.
For this purpose, your data, such as email address, first and last name, date of birth, address, and telephone number, will be automatically transmitted to Klarna AB, if necessary, as soon as you enter the checkout area. The terms of use for Klarna Checkout can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/43351/de_de/checkout
In cooperation with Klarna, we offer the following payment options. Payment is always made to Klarna:
Klarna Invoice: Payable within 30 days from the invoice date. The invoice is issued by Klarna and sent by email. The invoice terms can be found here.
Klarna Installment Purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least €6.95). Further information on Klarna installment purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit, can be found here.
Sofortüberweisung (Direct Bank Transfer)
Credit Card (Visa/Mastercard)
Direct Debit
The payment options are offered within the framework of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.
Cookie policy
Our checkout solution is provided by Klarna (Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden) and uses cookies to provide you with an ideal, personalized online experience when using Klarna's checkout. A detailed list of the cookies and an explanation of their respective purpose can be found here: https://cdn.shopify.com/s/files/1/0923/4897/3380/t/3/assets/5363e058ea090a80edc787d17cc4b753.pdf?v=1744006747
§ 5 Delivery; Retention of Title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the delivery address you specified.
(2) We charge shipping costs of €3.90 for orders to Germany and Austria.
(3) The goods are shipped exclusively by DHL within Germany. The delivery time for commercial customers is 1-3 days after receipt of payment. We process and ship orders during our general business hours from Monday to Friday, except on public holidays. Please note that processing may be delayed by up to 48 hours during busy periods such as sales, Christmas, New Year's Eve, or special promotions. We work closely with our shipping partners to avoid delays. We reserve the right to have a clearance sale of our warehouse, which may extend the delivery time.
(4) If the shipment of the goods is delayed or the goods are temporarily out of stock, we will endeavor to inform you as soon as possible. If you have any questions regarding the order or shipping, please contact our customer service.
(5) The prices quoted are net prices. For shipping to Germany and Austria, we charge shipping costs of €3.90. Additional costs may occur if you choose an alternative shipping or delivery option.
(6) The goods remain our property until full payment of the purchase price.
(7) If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the following applies additionally:
We reserve the title to the goods until all claims from the current business relationship have been fully settled. Before the transfer of ownership of the reserved goods, pledging or assignment as security is not permitted.
You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.
In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 6 Cancellation Policy
In the event that you are a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e., you are making the purchase for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, you have a right of cancellation in accordance with the following provisions.
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of cancellation, you must inform us:
Company: SBC Deutschland GmbH / SBC Germany Ltd. / SBC Saksa Oy
Vesijärvenkatu 11
15140 Lahti
Finland
Email: info@freddywear.de
by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of Cancellation
If you cancel this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event not later than 3 weeks from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties, and functionality of the goods.
End of the Cancellation Policy
(1) The right of cancellation does not exist for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.
(3) Please note that the modalities mentioned in the preceding paragraph 2 are not a prerequisite for the effective exercise of the right of cancellation.
§ 7 Voluntary Return Guarantee
We would like to inform you that moderate return shipping costs will be introduced from February 20, 2024. This step serves to promote sustainable shopping and enable environmentally conscious returns.
You have 30 days to try on the purchased item. In addition to your statutory rights, we offer you a voluntary return guarantee:
To exercise the right of return and exchange, the goods must be returned in perfect, new condition, unwashed, unsoiled, and with all tags and labels intact. The only exception is goods that have been reported to our customer service and are returned after confirmation due to a defect. We cannot accept returns where the corresponding completed form is missing or the product is not in perfect condition.
You can obtain a return label via our returns portal: https://freddywear.de/ruckensendportal. If you use this label for the return, costs of €8.90 will be incurred. This amount will be deducted from your refund. If you would like to choose a different shipping method, please first contact our customer service by email at info@freddywear.de. Regarding returns, we inform our customers in Austria that according to §4 (1) point 9 of the Distance Selling and Foreign Trade Act (FAGG), the postage costs for the return are to be borne by the customer.
To carry out a return, please proceed as follows:
Place the products you want to return in a package. Attach your return label clearly visible on the package. The barcode must be easily scannable.
Hand in the securely closed package at your nearest DHL branch. There you will receive a proof of posting with the tracking number. Please keep this receipt until the return has been booked in our system. Without the receipt, a refund is not possible in case of loss of the return.
You will usually receive notification from us within the next 10-14 working days that your return has been processed. If the items have already been paid for, it may then take up to a maximum of 10 working days before Klarna refunds the amount to you. A refund will only be made after the items have arrived in their original condition in our warehouse and have been booked in. The refund will be made to the same payment method you used for the order.
Please note that it is not possible to adjust the invoice before the return processing is completed! So please remember to extend or pause your invoice with Klarna customer service if necessary to avoid Klarna late payment fees.
§ 8 Exchange
If you wish to exchange items, the above conditions also apply. If you would like us to carry out an exchange, please first contact customer service so that we can note, check, and then fulfill your request. The easiest and safest way to receive a new item is to order it yourself and return the unsuitable item to us. As the exchange process may be delayed in some cases, it is possible that the desired item is no longer available at the time of processing the return. With a new order, you can be sure that you will receive the desired item promptly and in any case.
You have the right to return the purchased items to us within 30 days of shipment in accordance with our return information mentioned above in § 7. It takes 1-3 weeks for the exchange process to be fully completed and the requested goods to be sent to you. You will be informed as soon as the process is fully completed. Please remember to extend or pause your invoice with Klarna if necessary.
When selecting the new goods, please note the availability of the desired model and size. If the goods requested as a replacement are not available, please contact our customer service. Please also note that we can only exchange items ordered at a sale price for a different size of the same model, not for a different model.
§ 9 Transport Damage
(1) If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer, refuse to accept the package, and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance. You are legally obliged to provide this assistance.
§ 10 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the law of sale (§§ 433 ff. German Civil Code [BGB]).
(2) If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:
Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public statements, endorsements, and other advertising by the manufacturer.
You are obliged to inspect the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later, from the time of discovery. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims is excluded.
In the event of defects, we shall, at our discretion, provide a warranty by repair or replacement (subsequent performance). In the case of repair, we shall not bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
If the subsequent performance fails twice, you can, at your discretion, demand a reduction in price or withdraw from the contract. The warranty period is one year from delivery of the goods.
§ 11 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, limb, or health of persons.
(2) In all other respects, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you may regularly rely (cardinal obligation). The liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 12 Final Provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is Lahti.
