Terms of service
Last changed: 01.07.2024
§ 1 GENERAL
(1) These General Terms and Conditions govern the relationship between the company ASK THE FOX fire protection and fire blankets - a brand of FOX SHIELD GmbH, Lerchenstraße 28a, D-22767 Hamburg (hereinafter referred to as "company" or "we" or "us") and registered users of the online shop ask-the-fox.de (hereinafter "user" or "customer") when using the website provided at www.ask-the-fox.de (hereinafter "shop") and the sale of goods (hereinafter "goods") by the company through the shop.
(2) The brand ASK THE FOX fire protection and fire blankets is registered in Germany at the Hamburg register court under FOX SHIELD GmbH (HRB 181180).
(3) The company's registered office is Lerchenstraße 28a, D-22767 Hamburg. The VAT ID number is: DE361960103
§ 2 SCOPE
(1) In business relationships with the company, only these General Terms and Conditions and the expressly stated other regulations therein apply. We do not recognize any terms and conditions of the customer that deviate from these terms and conditions in whole or in part, unless we have expressly agreed to them in writing. These terms and conditions also apply exclusively if we provide our services unconditionally in knowledge of conflicting terms and conditions of the customer.
(2) The current version of the General Terms and Conditions can be found at https://www.ask-the-fox.de/de/agb-shop downloaded and printed. The company is entitled to change these General Terms and Conditions in accordance with the provisions set out here.
(3) The company assumes that these General Terms and Conditions are read before using the website or ordering goods. If the user does not understand parts of these General Terms and Conditions, they are required to contact the company to have the GTC explained.
(4) The user is aware that by ordering a product through the shop, they agree to the General Terms and Conditions. In the event that the user does not wish to agree to these General Terms and Conditions, they are prohibited from ordering goods through the shop.
§ 3 SHIPPING AND CUSTOMS DUTIES
3.1 Shipping costs
Shipping costs are clearly displayed during the ordering process and are to be borne by the buyer.
3.2 Customs duties and import taxes
When shipping to countries outside the European Union, especially to Switzerland and England, additional customs duties and import taxes may be incurred, which are charged by the competent customs authorities of the respective recipient country. These fees are to be borne by the buyer.
3.3 Payment Obligations
The buyer is responsible for paying all additional costs arising in connection with the import of the goods into the recipient country. These include in particular customs duties, import taxes, and any handling fees of the shipping service provider.
3.4 Information on Customs Clearance
We recommend our customers to inform themselves about any applicable customs duties and import taxes from the competent customs authorities of their country before ordering.
3.5 Transparency and Customer Service
If there are any uncertainties regarding the fees incurred, we are always available to our customers to answer questions and provide support. Please contact our customer service at: info@ask-the-fox.de
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§ 4 CONTRACT CONCLUSION
(1) The company's shop merely represents a sales brochure, thus a presentation of the ordering possibility. By presenting the products within the shop, we merely invite the customer to submit offers (purchase offers, orders). The user's order is a binding offer according to § 145 BGB. The subsequent order confirmation sent by email from the company does not yet constitute a purchase contract.
(2) The purchase contract is only concluded when the company accepts your offer. Acceptance occurs when the goods are sent within 14 days after receipt of your order or you receive a written order confirmation (e.g., by email).
(3) When ordering through our shop, the ordering process consists of several steps. In the first step, you select the desired product. In the second step, you enter your customer data including billing address and, if applicable, a different delivery address. If you are already registered as a customer, your data entered during the previous registration will be automatically adopted when you log into the shop. In the third step, you choose how you want to pay. In the last step, you have the opportunity to review all information (e.g., name, address, payment method, ordered items) again and make corrections if necessary before completing your order.
(4) The company is not obliged to accept purchase offers or orders from the user and may refuse acceptance at any time without giving reasons. In this case, the company will inform the user immediately about the non-acceptance of the offer by email.
(5) If the company is unable to deliver a product, for example because the product is no longer sold or available or because the price information in the shop was incorrect, the company will inform the user immediately and will not execute the purchase. If the user has already paid the purchase price, the company will fully refund the amount.
(6) If data is entered incorrectly during the ordering process or mandatory fields are not filled out, an appropriate error message with correction instructions will appear.
(7) The ordering process is available in German.
(8) After completing your order, we will send you a detailed summary of your order (order confirmation) by email.
(9) Please note that we only sell all products in household quantities. This applies both to the number of products ordered within one order and to placing multiple orders of the same product, where the individual orders each cover a household quantity.
(10) We do not store the contract text.
§ 5 INSTRUCTIONS ON REVOCATION
(1) Right of revocation
You have the right to revoke this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right of revocation, you must inform us (the postal address is: ASK THE FOX Feuerschutz- und Feueröschdecken, Lerchenstraße 28a, D-22767 Hamburg, E-Mail: info@ask-the-fox.de, Telephone: +49 (0)40 25480-444, Fax: +49 (0)40 25480-450) by means of a clear statement (e.g., a letter sent by post, fax or email) of your decision to revoke this contract. You may use the attached sample revocation form, but it is not mandatory.
To meet the revocation deadline, it is sufficient that you send the notification of exercising the right of revocation before the revocation period expires.
(2) Consequences of revocation
If you revoke this contract, we will refund you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which the notification of your revocation of this contract was received by us. For this refund, we will use the same payment method you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. We may refuse the refund until we have received the goods back or you have provided proof that you have sent the goods back, whichever is earlier.
(3) You must return or hand over the goods to the company ASK THE FOX Feuerschutz- und Feuerlöschdecken, Lerchenstraße 28a, D-22767 Hamburg without delay and in any case no later than 14 days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period.
(4) We do not bear the costs of returning the goods.
(5) You are only liable for any loss in value of the goods if this loss in value is due to handling the goods beyond what is necessary to check their condition, properties, and functioning.
– End of the cancellation policy –
§ 6 PROCESSING OF RETURNS
(1) If you wish to revoke your contractual declaration or return the goods, you must send the goods back to us as soon as possible. The form you can also use for this can be found in the "My Account" section under the menu title "My Return". Please fill out the pre-filled form completely. After submitting, you will receive the necessary shipping documents including the parcel label by email.
(2) The return of the goods must be made to: ASK THE FOX, Lerchenstraße 28a, D-22767 Hamburg.
(3) Before returning, the goods must be securely, completely, and carefully packed (including any accessories).
(4) To avoid transport damage, we recommend using the original packaging.
(5) The warranty rights correspond to the statutory requirements.
§ 7 DELIVERY, AVAILABILITY OF GOODS
If no copies of the products you selected are available at the time of your order, we will inform you of this in the order confirmation. If the goods are permanently unavailable, we will refrain from making an acceptance declaration. In this case, no contract is concluded.
§ 8 DELIVERY TIME AND DELIVERY SERVICE
(1) Upon request, we offer you the option to specify a different delivery address, e.g., if it is a gift or you are not at home to receive the package during the day. Please provide both billing and delivery addresses or the parcel station when placing your order.
(2) The company carries out the shipment of goods, among others, through the company DHL. The delivery time is usually up to five working days after receipt of the order or payment (depending on the payment method). Otherwise, we refer to the information on the respective ordered item.
(3) A delivery address must be provided for delivery, to which the goods can be delivered during normal business hours. The delivery process is complete once the goods have been delivered to the specified address.
§ 9 WARRANTY CONDITIONS
(1) The statutory warranty provisions apply. Excluded from the warranty are damages resulting from natural wear and tear, improper use, and lack of or incorrect care.
(2) The company does not guarantee that the online shop is available at all times without interruption, securely, and error-free.
§ 10 PRODUCT REPRESENTATIONS IN THE SHOP
(1) The product representations and images within our shop are for illustration purposes only. The company cannot guarantee that every screen displays these colors accurately. Therefore, the delivered products may differ slightly from the images used.
(2) The packaging of the goods may differ from that shown in the images on the website.
§ 11 RETENTION OF TITLE
The goods remain the property of the company ASK THE FOX Fire protection and fire blankets.
§ 12 VALUE-ADDED TAX
All price information includes the applicable statutory value-added tax.
§ 13 PAYMENT
(1) Payment for the ordered goods can be made optionally by credit card, PayPal Deutschland GmbH, Sofortüberweisung, and prepayment. We reserve the right to exclude certain payment methods in individual cases. The customer is liable in case of fault for any additional costs incurred when using credit cards or returned direct debits.
(2) When paying by credit card, please provide us with your card company (Visa, Master Card, or American Express), your card number, and the validity period of your credit card.
(3) In the event of a possible return of the goods, the corresponding value of the goods will be credited back to your card account or refunded after receipt of the return at our premises. If you pay by credit card, please ensure that the billing address matches your correct billing address. If these differ, please inform us.
§ 14 LIABILITY
(1) The company is fully liable in cases of fraudulent concealment of defects and when assuming a guarantee of quality.
(2) For other damages, the company is only liable if a contractual obligation essential to the contract or a significant pre-contractual obligation is breached. Essential contractual obligations are those that protect essential contractual commitments of the customer, which the contract is intended to grant according to its content and purpose; furthermore, essential are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relied or may rely, e.g., the company must deliver the item to the customer free of material and legal defects and transfer ownership of it. In these cases, however, liability is limited in amount to the foreseeable and contract-typical damages at the time of contract conclusion.
(3) A legally prescribed liability without fault as well as the provisions of the Product Liability Act remain unaffected by the above limitation of liability.
(4) The company is not liable for delays or breaches of contract if the delay or breach is caused by force majeure and is not attributable to us. Events beyond our control include strikes, lockouts or other industrial actions, civil unrest, invasions, terrorist attacks or threats, war or preparations for war, fire, explosion, storm, flood, earthquake, landslides, epidemics or other natural disasters, or failures of private or public telecommunications networks, rail transport, sea freight, air freight, forwarding agents or other public or private transport.
§ 15 COPYRIGHT
The use of all copyright-protected material used and displayed by the company on the website or in the shop may not be used by the customer for their own purposes.
§ 16 DATA PROTECTION
The detailed privacy statements of the company can be found here: https://www.ask-the-fox.de/de/datenschutz.
§ 17 PLACE OF JURISDICTION
The exclusive place of jurisdiction is the court of our business location insofar as the customer is a merchant within the meaning of the HGB or a public law corporation. We have the right to also sue at the customer's location.
§ 18 APPLICABLE LAW
(1) In the event of legal disputes, the law of the Federal Republic of Germany excluding the UN Sales Convention shall apply.
(2) In dealings with consumers within the European Union, the law at the consumer's place of residence shall also apply, provided that it is necessarily consumer protection law.
§ 19 SEVERABILITY CLAUSE
(1) Should one or more provisions of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected.
(2) In place of the ineffective provisions, the statutory provisions shall apply.
§ 20 DISCLAIMER
Please note that our fire protection and fire blanket with a cuddle factor is intended for one-time use only in the event of a fire. You can use it to smother a flame or to protect yourself when leaving a burning building. However, the blanket is neither indestructible nor can it regenerate after use. It will rather get stains that cannot be removed if exposed to an open flame. This is not a defect in quality and therefore does not entitle you to an exchange. After contact with open fire, the blanket – just like any other fire protection blanket – should be replaced.
