Terms and Conditions

§ 1 Area of Validity

(1) The following terms and conditions apply for my deliveries due to a contract concluded on the page www.flake-soil.com

(2) A consumer is any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor its independent vocational activity.

 (3) The available languages for making the contract is German, English and French.

 

§ 2 Contract Partners

The purchase happens with

David Kremer-Schillings, Steinbrink 32, 41569 Rommerskirchen

You can contact me for questions and complaints on the phone number +49 15734220716 or by e-mail at david@flake-soil.com

 

§ 3 Conclusion of Contract

(1) With your order you submit a binding offer to us to enter into a contract with you. By sending an order confirmation via e-mail to you or the delivery of goods ordered, we can accept this offer. First, you will receive a confirmation of receipt of your order by e-mail to the specified e-mail address (Order Confirmation). However, a purchase contract is only with the dispatch of our order confirmation via email to you or to the delivery of goods ordered.

(2) When ordering through our online store the ordering process includes a total of 5 steps. In the first step, select the desired goods on the cart (Summary). In the second step, you sign in. In the third step, enter your customer data, including billing address and possibly deviating delivery address. The fourth step is to select the mode of shipment (only one). In the fifth step, you choose how you want to pay and you have the option, with all information (e.g. name, address, method of payment, items ordered) to check again and corrected if necessary before you order by clicking on the corresponding payment.

 

§ 4 Prices, Shipping Costs

(1) The  prices on this website do not include any sales taxex according to § 19 UStG (small businesses regulation in Germany) and are therefore also not subject to VAT. For this reason I also have no sales tax identification number. The prices mentioned here are therefore net prices, and correspond to the effective prices for you as a customer.

(2) In addition to the prices we charge those expressly mentioned (Delivery) shipping costs.

Shipping to other European Countries normally takes 3-5 days. We mostly ship with Hermes but sometimes also with GLS.

We ship to all European Countries. Shipping Costs: 

Germany

50 l = 6 Euro

70 l = 10 Euro

100 l = 12 Euro

EU Countries: Belgium, Denmark, Estonia, Finland, France, Ireland, Italy, Latvia, Luxembourg, Netherlands, Austria, Poland, Portugal, Sweden, Slowakia, Slowenia, Spain, Tschech-Repubik, Ungarn, Great Britain

50 l = 19 Euro

70 l = 29 Euro

100 l = 38 Euro

Non-Eu Countries: Switzerland and Liechtenstein

50 l = 32 Euro

70 l = 40 Euro

100 l = 64 Euro

This includes only the shipping costs. There are no extra fees for packing as I always use used materials. 

 (3) For deliveries to non-EU countries additional duties and fees may apply. These are to be paid by the customer, but not to us, but to the customs and tax authorities.

 

§ 5 Payment

(1) Payment will be made according to the choice of the customer. Possible payments are in advance by bank transfer or via PayPal.

(2) If the advance payment was chosen, you receive our bank details after finishing your order as well as in the order confirmation. The goods will be delivered after payment. The full purchase price is to be paid within 10 days to the specified account. If you choose the payment method PayPal, the goods will be sent after completion of the payment through PayPal.

 

§ 6 Delivery

(1) The delivery will be made with the parcel service Hermes as explicitly mentioned in the delivery,. The delivery time is 2 to 7 working days, unless otherwise indicated on the product page in the offer.

(2) If an ordered item is not available, we are entitled to rescind the contract. In this case, we will inform the customer as soon as possible that the ordered goods are not available and refund any payments shortly.

 

§ 7 Withdrawal

Consumers have a fourteen-day withdrawal.

Revocation

Withdrawal

You have the right to withdraw this contract within fourteen days without giving a reason. The withdrawal period shall be fourteen days from the date, you or a representative (except the carrier) have taken final possession of the goods. To exercise your withdrawal, you must contact us (David Kremer-Schillings, Steinbrink 32, 41569 Rommerskirchen, mobile: 015734220716, e-mail address: david@flake-soil.com) by means of a clear statement (e.g. a letter or consigned by mail e-mail), and inform us of your decision to withdraw from this contract. An informal declaration of revocation is enough. If you make use of this opportunity, we will provide you immediately (e.g. via email) with an acknowledgment of receipt of your withdrawal. To safeguard the withdrawal period it is sufficient that you send us an information concerning the exercise of the withdrawal before the expiration of the withdrawal period.

Consequences of withdrawal

 If you withdraw from this contract, we will reimburse all payments we received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than that offered by us), and repay immediately latest within fourteen days from the date on which the notification has been received by us through your cancellation of this contract. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will not be charged fees because of this repayment.

We may keep the reimbursement until we have received back the returned goods, or until you have demonstrated that you have returned the goods, whichever is the earlier. You have to return the goods immediately and not later than fourteen days from the date on which you inform us about the cancellation of this contract to us or to hand over. The deadline is met if you send the goods before the deadline of a fortnight. You bear the direct cost of returning the goods. You have to pay for any diminished value of the goods, if goods  have a declared loss in the nature, characteristics and functioning which is caused by you.

(2) The right does not apply to goods,

- Which have not been supported (incorrectly)  by the posted instructions on the packaging,

- Which are not prefabricated and are produced for an individual choice or decision by the consumer

- Which can spoil quickly or whose expiration date has passed quickly,

- Which are unsuitable for reasons of health or hygiene to return if their seal was removed after delivery,

- If goods were mixed after delivery due to their nature inseparably with other goods.

 

(3) Withdrawal form

If you want to withdraw fill out the following form and send it to the address below.

To

David Kremer-Schillings
Steinbrink 32

415469 Rommerskirchen

Deutschland

E-Mail: david@flake-soil.com

I withdraw from the contract about the purchase of the following items:

_______________________________________________________

_______________________________________________________

Ordered on  ____________ / received on __________________

________________________________________________________
Your Name

________________________________________________________
Your Address

________________________________________________________
Signature 

_________________________ 
date

§ 8 Retention of title

  The delivered goods remain our property until full payment.

 

§ 9 Warranty rights of the consumer

(1) In principle, a defect of the purchased item, the statutory provisions are important. This means that the customer may require primarily subsequent performance, which is the option of replacement or removal of defect. In the presence of other legal requirements, the customer is entitled to reduce the purchase price or withdraw from the contract. Apply to claims for damages due to a defect of the goods - in addition to the legal requirements - the conditions set out in § 10.

(2) The customer has the right to inform David Kremer-Schillings about a possible shortage within 14 days of receipt.

 

§ 10 liability for damages to consumers

A liability on our part for damages are the following disclaimers and limitations:

(1) We are liable if we are guilty of intent or gross negligence. For simple negligence, we shall only be liable for breach of an obligation, whose fulfillment as a correct execution of the contract and on whose compliance the signatory can trust regularly. Incidentally, a compensation liability for damages of any kind, due to which the same cause of action, including liability for negligence of contract is excluded.

 (2) If we are liable with passage 1 for simple negligence, our liability is limited to the damage, which  we should have typically expected for the  circumstances of conclusion (contract).

 

§ 11 Applicable Law, Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between us and our contractual partners under exclusion of the CISG (CISG). This does not affect mandatory consumer protection provisions of the country in which the consumer has his habitual residence.

(2) The sole place of jurisdiction for all disputes arising from or in connection with this Agreement is when the customer is a merchant, legal entity under public law or a public law special fund or has its registered office abroad. Otherwise, the statutory provisions apply.

 

§ 12 Final Provisions

If any provision of these Terms and Conditions is invalid, the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.