General Terms and Conditions
The following General Terms and Conditions (GTC) govern the sale of products by FlexiCap OG, represented by:
Sandro Flatz and Lukas Fiel
Flurweg 2, 6972 Fussach
Regional Court: Feldkirch
FN 624674 p
E-Mail: flexicap.office@gmail.com
hereinafter referred to as the “Provider,” via the online shop at www.flexicap.at.
§ 1 Scope of application
(1) These GTC apply to all contracts concluded between the provider and both private customers (within the meaning of § 13 BGB) and business customers (within the meaning of § 14 BGB) via the online shop at www.flexicap.at.
(2) Deviating terms and conditions of the customer shall not apply, unless the provider expressly agrees to their validity in writing.
(3) The scope of the products offered includes: FlexiCap OG offers bottle caps with a special design that are not only functional but also aesthetically pleasing.
§ 2 Conclusion of contract
(1) The contract is concluded with the provider:
FlexiCap OG, Flurweg 2, 6972 Fussach.
(2) The language of the contract and negotiations is German.
(3) The offers are directed at customers worldwide.
(4) The customer must be at least 18 years old.
(5) The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. The customer makes a binding offer by completing the ordering process and clicking the "order with obligation to pay" button at the end. Receipt of the order is confirmed by an automated email, which does not, however, constitute acceptance of the offer. The purchase contract is only concluded upon explicit confirmation of acceptance via email or upon shipment of the goods.
(6) Orders exceeding standard household quantities require the explicit consent of the provider. This applies both to the number of products ordered within a single order and to the placement of multiple orders for the same product.
(7) Order data is stored after the conclusion of the contract and can be viewed in the customer login area.
(8) Please note that, pursuant to Art. 4 No. 11 GDPR, the recipient's consent is required before their email address may be shared with Deutsche Post DHL Group and Österreichische Post AG. For shipments within Germany, the email address is used exclusively for sending a DHL parcel notification. Providing an email address is voluntary and not mandatory for shipments within Germany.
§ 3 Right of withdrawal
(1) Cancellation Policy for Private Customers
The customer has the right to cancel the contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which the customer, or a third party designated by the customer who is not the carrier, has taken possession of the final goods.
To exercise the right of cancellation, the customer must inform the provider, FlexiCap OG, Flurweg 2, 6972 Fussach, of their decision to cancel the contract by means of a clear declaration (e.g., a letter sent by post or an e-mail). The customer may use the attached sample cancellation form, although it is not mandatory.
To meet the cancellation deadline, it is sufficient for the customer to send the notification regarding the exercise of the right of cancellation before the cancellation period has expired.
(2) Consequences of Cancellation
If the customer cancels the contract, the provider shall refund all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by the provider), without undue delay and at the latest within fourteen days from the day on which the notification of the cancellation of this contract is received by the provider. For this refund, the provider will use the same means of payment as the customer used for the original transaction, unless expressly agreed otherwise; in no event will the customer be charged any fees for this refund. The provider may withhold the refund until they have received the goods back or until the customer has provided proof that they have sent back the goods, whichever is earlier.
The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which the customer informs the provider of the cancellation of this contract. The deadline is met if the customer sends the goods before the fourteen-day period has expired.
The customer bears the direct cost of returning the goods.
The customer is only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Sample Cancellation Form
If the customer wishes to cancel the contract, they can fill out this form and send it back:
FlexiCap OG, Flurweg 2, 6972 Fussach
I/we hereby cancel the contract concluded by me/us for:
- the purchase of the following goods/services:
- Ordered on/received on:
- Name of consumer(s):
- Address of consumer(s):
- Date:
- Signature of consumer(s) (only if notified on paper):
________________________________
(3) Right of Cancellation for Business Customers
Business customers (within the meaning of § 14 of the German Civil Code [BGB]) do not have a statutory right of cancellation. Contracts with business customers are binding and can only be cancelled in accordance with legal provisions or contractually agreed conditions.
§ 4 Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It also does not apply to goods that can spoil quickly or whose expiration date would be quickly exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene are also excluded from the right of withdrawal if their seal was removed after delivery. Furthermore, the right of withdrawal does not apply to goods which, after delivery, have been inseparably mixed with other goods due to their nature. Finally, goods in a sealed package whose seal has been removed after delivery, such as CDs, DVDs or software, are also excluded from the right of withdrawal.
§ 5 Prices and shipping costs
(1) All stated prices include the statutory value-added tax.
(2) The stated prices are exclusive of any applicable shipping costs. For orders of €20 or more, delivery is free of charge.
(3) It may occur that products in the online shop are inadvertently marked with an incorrect price. In such a case, the provider will contact the customer before shipping the goods to inform them that the actual price is higher and ask whether they would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the provider will charge the lower amount and send the product.
(4) The prices stated at the time of the order shall apply. If list prices exist, the list prices at the time of the order shall apply.
§ 6 Customs
(1) For orders for delivery outside the European Union, import duties and taxes may be incurred, which are levied once the package reaches the destination. These additional charges must be borne by the customer; the provider has no control over these charges. As customs policies vary from country to country, the customer should contact their local customs office for further information.
(2) For orders from abroad outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products. The provider points out that cross-border deliveries may be subject to opening and inspection by customs authorities.
§ 7 Terms of payment
(1) Payment of the purchase price is due upon conclusion of the contract. The customer may pay the purchase price using the payment methods specified in the online shop.
(2) Prepayment: The full invoice amount must be transferred to the specified account within 14 calendar days of receipt of the order. Shipment will take place after receipt of payment.
(3) PayPal: After completing the order, the customer will be redirected to PayPal, where they can initiate the payment. Shipment will take place after confirmation of receipt of payment.
(4) The customer enters their Maestro card details during the ordering process. The amount will be debited after the goods have been dispatched.
(5) Credit card: The customer enters their credit card details during the ordering process. The amount will be debited after the goods have been dispatched.
(6) SEPA Direct Debit: The customer grants the provider a SEPA core direct debit mandate. Advance notice of the debit will be provided before the account is charged. Shipment will take place after the invoice amount has been collected.
(7) Invoice: The customer agrees to settle the invoice amount within 14 days of receipt of the goods without any deductions.
(8) Cash on delivery: The customer pays the invoice amount directly to the courier upon delivery of the goods.
(9) Klarna: The customer can pay via Klarna by invoice or installment plan. The terms of payment are determined by Klarna.
(10) Gift card: The customer can settle the invoice amount with a valid gift card from the provider. Shipment will take place after confirmation of payment.
(11) Apple Pay: The customer enters their Apple Pay details during the ordering process and confirms the payment via Apple Pay. The amount will be debited after the goods have been dispatched.
(12) Google Pay: The customer enters their Google Pay details during the ordering process and confirms the payment via Google Pay. The amount will be debited after the goods have been dispatched.
(13) Upon shipment of the goods, the invoice will be sent via email or, if no email address is provided, by post to the specified billing address.
(14) If the customer defaults on payment or if a direct debit is returned, the provider is entitled to claim damages for delay (e.g., late fees, default interest, chargeback fees).
(15) Payment by sending cash or checks is not possible.
§ 8 Retention of title
(1) The delivered goods remain the property of the provider until the purchase price has been paid in full.
(2) The customer is obliged to treat the goods with care while they are subject to retention of title. In particular, they must carry out all necessary maintenance and inspection work in good time at their own expense.
(3) The customer must notify the provider immediately in writing if the goods are seized or subjected to other interventions by third parties, so that the provider can file a suit in accordance with Section 771 of the German Code of Civil Procedure (ZPO). To the extent that the third party is unable to reimburse the provider for the judicial and extrajudicial costs of a suit under Section 771 ZPO, the customer shall be liable for the loss incurred by the provider.
§ 9 Delivery, cancellation and shipping
(1) The delivery time is expected to be 3 business days, unless otherwise stated in the offer. The provider makes every effort to comply with the stated delivery times. Should delivery deadlines not be met, the customer will be informed immediately and any payments already made will be refunded.
(2) Unless otherwise agreed, delivery will be made to the delivery address provided by the customer within Germany. Information on the availability of the products can be found on the provider's website. All information regarding availability, shipping, or delivery times is non-binding, unless it is expressly marked as binding.
(3) If it is determined during the processing of the order that the ordered products are unavailable, the customer will be informed immediately via email or a message in their customer account. The statutory rights of the customer remain unaffected.
(4) Delivery is made depending on the payment method chosen by the customer. In the case of prepayment, delivery takes place after receipt of payment. For all other payment methods, delivery takes place after the contract is concluded.
(5) If the order is shipped in multiple packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded for each shipping confirmation regarding the products listed in the respective shipping confirmation.
(6) The customer can cancel their order free of charge until the goods are shipped. After shipment, a cancellation is only possible in accordance with the provisions on the right of withdrawal.
(7) Partial deliveries are permissible, provided they are reasonable for the customer. Additional shipping costs will only be incurred upon express agreement.
(8) Should the delivery of the goods fail due to the customer's fault, the provider reserves the right to withdraw from the contract. Any payments already made will be refunded to the customer immediately.
(9) If the provider is unable to deliver the ordered goods through no fault of its own because the provider's supplier fails to fulfill its contractual obligations, the provider is entitled to withdraw. In this case, the customer will be informed immediately and any payments already made will be refunded.
(10) Should the delivery of the ordered products be delayed or made impossible due to force majeure or other unforeseeable, extraordinary, and unavoidable circumstances – such as natural disasters, war, strikes, or official measures – delivery deadlines will be extended accordingly. The provider will inform the customer immediately of the unavailability. In such cases, the provider is entitled to withdraw from the contract. The customer will be informed of the withdrawal immediately and any payments already made will be refunded.
(11) The provider is not liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed upon.
§ 10 Transport damage
(1) Should you receive goods with obvious transport damage, please report such defects immediately to the delivery agent and contact us without delay.
(2) Failure to file a complaint or contact us has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
§ 11 Warranty
(1) Warranty for private customers
If the customer is a consumer, the warranty is subject to statutory provisions. In addition to their 30-day return guarantee, consumers in the EU have a statutory warranty right of two years from delivery of the goods.
(2) Used goods
For used goods, the warranty period may be shorter than two years.
(3) Warranty for business customers
If the customer is not a consumer, a defect shall be remedied by new delivery or subsequent improvement. The provider may choose whether the subsequent performance is carried out by rectifying the defect or by delivering an item free of defects. For business customers, the limitation period is one year. This limitation does not apply to claims for damages based on injury to life, body, or health, or in cases of intent or gross negligence.
§ 12 Liability (for private customers)
This liability clause applies exclusively to private customers (as defined in Section 13 of the German Civil Code (BGB)).
(1) If the customer is a consumer, liability shall be governed by statutory provisions.
(2) The provider's liability for breaches of contractual obligations and tortious acts is limited to intent and gross negligence. This limitation of liability does not apply to injury to life, body, or health of the customer, to claims based on the breach of essential contractual obligations (cardinal duties), and to compensation for damages resulting from delay pursuant to Section 286 BGB. In these respects, the provider is liable for any degree of fault.
(3) In the event of slightly negligent breaches of essential contractual obligations (cardinal duties), the provider's liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary for the achievement of the contractual objective and upon whose compliance the customer may regularly rely.
(4) The aforementioned limitation of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.
(5) The provider assumes no responsibility for the content and accuracy of the information in customers' registration and profile data or for other content generated by customers.
(6) Claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, the maximum liability is 5% of the order value.
(7) Claims for damages based on injury to life, body, or health shall be time-barred after 30 years; all other claims for damages shall be time-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor gained knowledge of the circumstances giving rise to the claim and the identity of the debtor, or would have gained such knowledge without gross negligence (Section 199 (1) BGB).
(8) The provider is entitled to review texts created and files uploaded by customers for compliance with statutory provisions and legal regulations. In the event of violations, the provider reserves the right to remove such content in whole or in part.
(9) Liability under the Product Liability Act remains unaffected.
§ 13 Liability (for business customers)
This limitation of liability applies exclusively to business customers (within the meaning of § 14 of the German Civil Code [BGB]).
(1) The provider’s liability for breaches of contractual obligations as well as for torts is limited to intent and gross negligence. This limitation of liability does not apply to injury to life, body, or health of the customer, to claims arising from the breach of essential contractual obligations (cardinal obligations), and to compensation for damages caused by delay pursuant to § 286 BGB. In these respects, the provider is liable for any degree of fault.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider’s liability is limited to the amount of typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary for the achievement of the contractual purpose and on whose compliance the customer may regularly rely.
(3) The aforementioned limitation of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.
(4) The provider assumes no responsibility for the content and accuracy of the information provided in customer registration and profile data as well as other content generated by customers.
(5) Claims for damages are limited to the foreseeable, contract-typical damage. In the event of delay, the maximum liability is 5% of the order value.
(6) Claims for damages based on injury to life, body, or health become time-barred after 30 years; all other claims for damages become time-barred after one year. The limitation period begins at the end of the year in which the claim arose and the creditor has obtained knowledge of the circumstances giving rise to the claim and the identity of the debtor, or should have obtained such knowledge without gross negligence (§ 199 Para. 1 BGB).
(7) The provider is entitled to check texts created and files uploaded by customers for compliance with legal regulations and legal provisions. In the event of violations, the provider reserves the right to remove such content in whole or in part, if necessary.
(8) Liability under the Product Liability Act remains unaffected.
§ 14 Data Protection
(1) The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The provider undertakes to treat customer data confidentially and not to pass it on to third parties, unless the customer has expressly consented or there is a legal obligation.
(2) The customer has the right to receive information about their stored data free of charge at any time, as well as to demand its correction, deletion, or restriction of processing.
(3) Further information on data protection can be found in the provider's privacy policy.
§ 15 Set-off and right of retention
(1) The customer is only entitled to offset if their counterclaim has been legally established or is undisputed by the provider.
(2) The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
§ 16 Specific provisions for digital products and services
(1) Digital products are generally made available to the customer via download or by email. Upon receipt of payment, the customer will receive the corresponding access data or download links.
(2) The statutory rights of liability for defects apply to digital products. In the event of a defect, the customer has the right to supplementary performance, i.e., the rectification of the defect or the delivery of a defect-free product.
(3) The customer must ensure that the technical requirements for the receipt and use of the digital products are met. The provider assumes no liability for disruptions or damage attributable to a lack of technical requirements on the part of the customer.
(4) For services that are not provided in the form of physical products or digital content, the statutory provisions regarding service contracts (§§ 611 et seq. BGB) shall apply.
(5) The customer undertakes to provide all necessary acts of cooperation in a timely and complete manner in connection with the use of services. If the customer fails to fulfill this obligation, the provider may invoice the customer for any additional expenses incurred as a result.
§ 17 Usage rights for digital content
(1) With the purchase of a digital product, the customer receives a simple, non-transferable, unlimited-in-time right of use to the acquired content, unless otherwise agreed upon.
(2) The customer is not entitled to reproduce, distribute, or make the digital content publicly accessible, unless this is expressly permitted by contract.
(3) All copyrights remain with the provider or the respective rights holder.
§ 18 User Account
(1) The customer is obliged to provide complete and truthful information when registering and creating a user account. The customer must keep their access data (username and password) secure and protect it from access by third parties. The provider is not liable for damages resulting from the misuse of access data, provided the provider is not responsible for such misuse. The customer may only create one user account. Multiple registrations are not permitted and may result in the blocking or deletion of user accounts.
(2) The customer is obliged to update changes to their personal data, in particular contact and payment details, in the user account without delay. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.
(3) The provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these GTC, or if the customer has provided incorrect information during registration. The customer may request the deletion of their user account at any time. The provider will delete the user account and all associated data without delay, provided there are no statutory retention obligations to the contrary. After the deletion of the user account, the customer can only create a new user account by re-registering.
(4) The provider endeavors to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g., force majeure) cannot be excluded. The provider is not liable for damages resulting from temporary unavailability of the user account, unless the provider is responsible for the unavailability.
(5) The provider reserves the right to change, expand, or restrict the functions and content of the user account at any time. Changes to this clause will be communicated to the customer by email at least four weeks before they take effect. If the customer does not object to the changes within four weeks of receipt of the change notification, the changes shall be deemed accepted. The provider will separately inform the customer of this legal consequence in the change notification.
§ 19 Amendments to the GTC
(1) The provider reserves the right to amend these GTC at any time with effect for the future.
(2) Changes will be communicated to the customer by email at least four weeks before they come into effect.
(3) If the customer does not object to the changes within four weeks of receiving the notification of change, the changes shall be deemed accepted. The provider will specifically draw the customer's attention to this legal consequence in the notification of change.
§ 20 Force majeure
(1) Events of force majeure which render delivery significantly more difficult or impossible for the provider entitle the provider to postpone delivery by the duration of the impediment or to withdraw from the contract in whole or in part with respect to the part not yet fulfilled.
(2) Force majeure includes all events beyond the provider's control whose occurrence was not foreseeable at the time of the conclusion of the contract, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions for which the provider is not at fault.
§ 21 Assumption of contract
(1) The provider is entitled to transfer its rights and obligations under this contractual relationship in whole or in part to a third party, subject to a notice period of four weeks.
(2) In this case, the customer has the right to terminate the contract with immediate effect.
§ 22 Applicable Law and Place of Jurisdiction
(1) All legal relationships between the provider and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's registered office.
§ 23 Online dispute resolution and participation in arbitration proceedings
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The provider is neither obligated nor prepared to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, the provider always makes every effort to resolve any disagreements arising from a contract amicably.
§ 24 Additional agreement
(1) I hereby confirm the food-safe products of FlexiCap OG.
(2) I hereby confirm that I have taken note of the sentence "Warning! Not suitable for children under three years. Choking hazard due to small parts that can be swallowed" and will ensure the safety of small children.
(3) I hereby confirm that FlexiCap OG is NOT liable for damages caused by leaking liquids or injuries caused by snapping parts.
§ 25 Final provisions
(1) The contract language is German.
(2) The provider does not offer products or services for purchase by minors. Products for children can only be purchased by adults. Persons under 18 years of age may only use the website with the involvement of a parent or legal guardian.
(3) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable after the contract is concluded, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision.
(4) Amendments or supplements to these General Terms and Conditions must be in writing. This also applies to the waiver of this written form requirement.
(5) The provider reserves the right to make changes to the website, policies, terms and conditions, including these General Terms and Conditions, at any time. Your order will be subject to the terms of sale, contractual terms, and General Terms and Conditions in effect at the time of your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed).
(6) There are no verbal collateral agreements. Amendments or supplements to this agreement must be in writing.