terms and conditions

Table of Contents

  1. General terms and conditions for orders from Feelbelt GmbH by end consumers
  1. General, contractual partners, scope
  2. Conclusion of a contract, storage of the contract text
  3. delivery, goods
  4. retention of title
  5. Prices, shipping costs, payment, due date
  6. damage and defects
  7. warranty conditions
  8. Liability
  9. Right of withdrawal
  10. Consequences of revocation
  11. Sample: withdrawal form
  12. Notes on data processing
  13. Final Provisions
  • 2. General terms and conditions for orders from Feelbelt GmbH by commercial customers
  1. Purchase contract
  2. delivery
  3. Shipment
  4. Warranty and liability
  5. Prices and terms of payment
  6. Reservations regarding the use of the Feelbelt online shop
  7. retention of title
  8. return of goods
  9. data storage
  10. Place of performance, place of jurisdiction and partial invalidity
  • 1. General terms and conditions for orders from Feelbelt GmbH by end consumers
  • 1.1. General, contractual partners, scope

(A)  The following regulations on the conclusion of a contract apply to orders via our online shop https://www.feelbelt.de/

(B)  If the contract is concluded, the contract comes with it

Feelbelt GmbH Dianastraße 21 D-14482 Potsdam Register number HRB 32445 P Register court District Court Potsdam

conditions.

(C)  For orders of goods and the resulting business relationship between Feelbelt GmbH and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless Feelbelt GmbH expressly agrees to their validity in writing.

(D)  The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-speaking or English-speaking part of the online shop. If the customer places the order via the German-language part of the online shop, only the German version of these general terms and conditions is authoritative. If the order is placed via the English-language part of the online shop, only the English version is authoritative.

  • 1.2. Conclusion of a contract, storage of the contract text

(A)  For an order in our shop, the customer selects the desired products from the range. By clicking the "Buy" button, he submits a binding request to purchase the selected goods. Before sending the order, the customer can change and view the data at any time.

(B)  Feelbelt GmbH then sends the customer an automatic order confirmation by e-mail, in which the receipt of the order is confirmed and the customer is given all the necessary information about the order. A sales contract is only concluded when Feelbelt GmbH has sent the ordered product to the customer. 

(C)  The customer can cancel the order at any time by closing the browser window. The overview page that appears before the order is completed enables the customer to check his entries again for input errors and, if there are any input errors, to correct them after pressing the "Edit order" button. The content of the contract is stored by Feelbelt GmbH for the duration of the statutory periods.

  • 1.3. delivery, goods

Feelbelt GmbH undertakes to send the ordered product within the specified delivery time. If there are delays in delivery, the customer will be informed in good time.

  • 1.4. retention of title

The delivered goods remain the property of Feelbelt GmbH until full payment has been made.

  • 1.5. Prices, shipping costs, payment, due date

(A)   Validity of the prices: The prices stated on www.feelbelt.de are in euros (including statutory VAT).

(B)  The shipping costs for the delivery specified in the order form are borne by the buyer.

(C)  Payments can be made, for example, by credit card, Sofortüberweisung, PayPal, Apple Pay, Google Pay, Amazon Pay, Coinbase or Klarna.

  • 1.6. damage and defects

The statutory provisions apply to the warranty for material defects. The warranty period for goods delivered by Feelbelt GmbH for entrepreneurs is 12 months.

  • 1.7. warranty conditions

The following conditions, which describe the requirements and scope of our warranty, do not affect the warranty obligations of the seller from the purchase contract with the end user. Each Feelbelt is subject to careful testing and strict control by Feelbelt GmbH Quality Assurance. Feelbelt GmbH grants a manufacturer's guarantee without prejudice to the contractual or legal warranty claims against the buyer. The following applies to all devices that belong to the Feelbelt GmbH range: The guarantee period is 12 months after the date of purchase for private consumers. The prerequisite for the guarantee is that the device was purchased directly from Feelbelt GmbH or from an authorized specialist dealer in an EU country.



Within this period, in the event of a material or manufacturing defect, Feelbelt GmbH will assume the costs of repair or the free replacement of the defective parts.

(A) Warranty Requirements

We will remedy defects in the device that are based on a material and/or manufacturing defect free of charge in accordance with the following conditions if they are reported to us immediately after discovery and within 12 months of the date of invoicing to the first customer. If the defect becomes apparent within 6 months of delivery, it is assumed that it is a material or manufacturing defect. Proof of warranty (purchase invoice) must be presented at the request of the support team.

(B) Content and Scope of the Warranty

  1. Defects in the device will be remedied free of charge within a reasonable period of time either by repairing or replacing the parts concerned. The expenses required for this purpose, such as transport, travel, labor and spare parts costs are borne by Feelbelt GmbH. Replaced parts or devices become the property of Feelbelt GmbH.
  2. The guarantee does not include any further claims for damages against Feelbelt GmbH.

III. The delivery of consumables and accessories is not included in the scope of services.

(C) Warranty Limitations

The warranty will not be effective or will not apply if:

  • there are minor deviations from the target condition that are irrelevant to the value and usability of the device (cosmetic damage, such as scratches or tears in textile elements).
  • The proof of purchase has been altered in any way or made illegible.
  • The model or serial number on the product has been altered, removed, or made illegible.
  • Repairs, modifications and/or changes to the product have been made by unauthorized companies or persons.
  • Devices are provided with spare parts, supplements or accessories that are not original parts and this causes a defect.
  • The defect is the result of excessive use outside of the intended purpose.
  • The defect was caused by misuse of the product or by certain environmental conditions that do not correspond to the recommended use of the product.
  • The defect was caused by the connection of peripheral devices, additional devices or accessories, the use of which is not recommended in the user manual.
  • The device has been damaged including but not limited to damage caused by animals, lightning, abnormal voltage, accident, fire, environmental disasters, transportation or water.
  • Normal wear and tear or replacement parts which, due to their nature, can be classified as wearing parts (e.g. batteries).
  • Overload, operation with the wrong mains voltage and the wrong type of current or external influences such as falling, hitting or attempted theft.
  • The product does not work properly because it was not originally designed, manufactured or approved for the country in which you are using the product. This can e.g. This can be the case, for example, if the product has been imported.
  • The Product is not functioning properly due to problems accessing or connecting to the Service Providers, such as connection network interference (e.g., TV cable, satellite or Internet, GPS systems, cellular networks), Subscriber connection errors, or Correspondents, local network errors (cable connections, file servers, user connection) and transmission network errors (interference, encryption, defects or poor network quality).
  • The product is not working properly because the smartphone connected to it does not meet the specifications required for use, has not been configured correctly, or is otherwise defective in the smartphone.

(D) Obtaining Warranty Service

The warranty service is carried out in such a way that defective parts are repaired free of charge or replaced with faultless parts, at our discretion. In each case, the invoice or proof of purchase with the delivery date or at least the purchase date must be presented. Replaced parts become our property.

(E) Replacement Delivery

If the repair is rejected by us, fails or is not profitable, Feelbelt GmbH can replace the product free of charge with an equivalent replacement in the form of a new or refurbished product with the same functionality within the warranty period mentioned above.

(F) Other Provisions

Guarantee services do not result in an extension of the guarantee period, nor do they initiate a new guarantee period. The warranty period for built-in spare parts ends with the warranty period for the entire device.

  • 1.8. Liability

(A)  Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Feelbelt GmbH, its legal representatives or vicarious agents based. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(B)  In the event of a breach of essential contractual obligations, Feelbelt GmbH is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.

(C)  The restrictions of sections A and B also apply to the legal representatives and vicarious agents of Feelbelt GmbH if claims are asserted directly against them.

(D)  The provisions of the Product Liability Act remain unaffected.

  • 1.9. Right of withdrawal

If the customer is a consumer with their usual place of business or residence in a member state of the European Union (EU) or the European Economic Area (EEA), the customer has the following statutory right of withdrawal, about which Feelbelt GmbH hereby informs:

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us

Feelbelt GmbH, Dianastrasse 21, 14482 Potsdam, email:  support@feelbelt.de 

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form for this, but it is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

  • 1.10. Consequences of revocation

If you revoke this contract, we have to repay all payments that we have received from you, with the exception of the shipping costs and less a flat rate of 10 €, immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract has come to us. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. You bear the direct costs of returning the goods. 


You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  • 1.11. Sample withdrawal form

If you want to revoke the contract, please fill out this form and send it back.

Feelbelt GmbH, Dianastrasse 21, 14482 Potsdam, email:  support@feelbelt.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

date

  • 1.12. Notes on data processing

(A)  Feelbelt GmbH collects customer data as part of the processing of contracts. Information on data protection and data security can be found separately in the data protection agreement.

(B)  Without the consent of the customer, Feelbelt GmbH will not use the customer's data for advertising, market or opinion research purposes.

(C)  The data entered regarding processing via external payment service providers will not be stored by Feelbelt GmbH, but may be stored by the respective payment provider. The respective data protection regulations of the payment service provider apply.

  • 1.13. Final Provisions

(A)  If the customer is a consumer with his usual place of business or residence in a member state of the European Union (EU) or the European Economic Area (EEA) and for other customers, the law of the Federal Republic of Germany applies to contracts between Feelbelt GmbH and the customer of the UN Sales Convention. Irrespective of this choice of law, the mandatory consumer protection law of the state in which the customer has his habitual residence at the time the contract is concluded also applies to consumers. If the customer is a consumer with his habitual seat in a country that does not belong to the European Union (EU) or the European Economic Area, German law shall apply to the exclusion of the UN Sales Convention and German consumer protection law.

(B)  If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Feelbelt is the registered office of Feelbelt GmbH.

(C)  The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply.

Status: 06/15/2021

  • 2. General terms and conditions for orders from Feelbelt GmbH by commercial customers

The following conditions apply to our offers, sales and deliveries. Deviating conditions, in particular the purchaser's conditions of purchase, are only valid if they have been specifically agreed and confirmed by us in writing. These are deemed to have been accepted at the latest upon receipt of the goods or service. They also apply to all future business relationships without another express agreement.

Unless otherwise agreed, the sale takes place exclusively via the Feelbelt online shop and the buyer is prohibited from offering products from the Feelbelt online shop for sale under their own or third-party names in their own or third-party online shops or online marketplaces (e.g. Amazon). Purely online advertising presentations to promote the stationary sales offer are excluded from this.

  • 2.1. Purchase contract

This purchase contract is binding for the buyer upon conclusion. It is binding for Feelbelt GmbH upon conclusion, unless it is revoked by it within 10 days of the date of issue. Offers from Feelbelt GmbH are always non-binding. A contract only comes into being through the written order confirmation or through delivery by Feelbelt GmbH. All ancillary agreements or changes require written confirmation by Feelbelt GmbH to be effective.

  • 2.2. delivery

The delivery takes place after full receipt of payment to one of the accounts specified by Feelbelt GmbH or commissioned payment service providers ( bank account, PayPal, Apple Pay, Google Pay, Amazon Pay, Coinbase, etc. ). If no payment is received within 14 days of the invoice date of the respective invoice, the order will be automatically canceled.

Feelbelt GmbH is released from the obligation to deliver if execution is made unreasonably difficult or impossible due to force majeure, official orders, traffic and operational disruptions, lack of raw materials or any other circumstances. If Feelbelt GmbH becomes aware of circumstances during the execution of the order that give rise to doubts about the creditworthiness of the buyer, then it will also be released from the obligation to deliver. If this is the case, Feelbelt GmbH is only obliged to deliver if advance payments or the provision of sufficient security are made. If the delivery is delayed by the above events, the buyer remains obliged to accept.

The agreed delivery period only begins when all technical details, including the necessary queries, have been clarified. The agreed delivery period is only considered a fixed transaction within the meaning of the German Civil Code if a corresponding agreement has been expressly made. The agreed delivery period or delivery time does not apply to delays in delivery that are due to circumstances for which Feelbelt GmbH is not responsible. Such circumstances are, for example, force majeure, strikes, operational disruptions, etc. The buyer is only entitled to withdraw from the contract due to non-compliance with the delivery period if he has given Feelbelt GmbH a reasonable grace period in writing. A grace period of at least 8 weeks is considered reasonable, calculated from the date the written grace period was sent. The buyer is obliged take delivery immediately. If delivery from or around a specific time has been agreed, the buyer is obliged to accept the goods within 4 weeks of this date.

In the case of call orders, the items ordered must be accepted within 3 months, calculated from the call date.

  • 2.3. Shipping Germany, Austria and Switzerland

Unless otherwise agreed, shipping is at the expense and risk of the buyer, even if shipping is carried out with Feelbelt GmbH's own vehicles.

We charge a flat-rate shipping fee for each shipment, which depends, among other things, on the weight, size and delivery location. The amount of the shipping fee due can be found in your shopping cart summary in the Feelbelt online shop. The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If shipping is delayed at the request of the buyer, the risk passes to him upon notification of readiness for shipment. Feelbelt GmbH is entitled, but not obliged, to insure deliveries on behalf and for the account of the customer.

  • 2.4. Warranty and liability

The liability for material defects is 12 months, unless there is a direct sale to a consumer. It assumes that the defect was present at the time of the transfer of risk. The buyer must report the defect immediately. Notifications of defects must be sent to Feelbelt GmbH in writing. In addition, Feelbelt GmbH must be notified of obvious defects in writing immediately, but no later than within one week of delivery. The defective delivery items are to be kept ready for inspection by Feelbelt GmbH in the condition in which they were at the time the defect was discovered.

A breach of the above obligations excludes any warranty claims against Feelbelt GmbH. Furthermore, the buyer is obliged to inspect the shipment immediately upon arrival for transport damage and to notify Feelbelt GmbH of any property damage or losses immediately by notifying the carrier or an affidavit, which must be signed by two witnesses and the customer . In the event of a justified notice of defects, Feelbelt GmbH is obliged to subsequent performance of its choice.

Further claims, in particular claims for expenses, compensation or damages due to defects or consequential damages, only exist within the framework of the regulations on liability limitations. Replaced parts are to be returned to Feelbelt GmbH upon request. Feelbelt GmbH will only assume the costs for postage and packaging after confirmation by Feelbelt GmbH. Consignments sent freight collect to Feelbelt GmbH will not be accepted. When installing parts or components, the skill, care and expertise of a mechanic is required. Unauthorized reworking and improper handling result in the loss of all claims for defects. The buyer is only entitled to ward off disproportionately large damages or in the event of a delay in remedying the defect by Feelbelt GmbH, after prior notification of Feelbelt GmbH and to demand reimbursement of the reasonable costs. Normal wear and tear does not result in any warranty claims.

Recourse claims according to §§ 478, 479 BGB only exist if the consumer's claim was justified and only to the legal extent, not for goodwill regulations not agreed with Feelbelt GmbH and requires the observance of their own obligations by the person entitled to recourse, in particular observance of the obligation to give notice of defects. Claims for damages of any kind against Feelbelt GmbH and against its vicarious agents are excluded, unless the damage was caused intentionally or through gross negligence. In addition to these conditions, the notices given in the introduction to these conditions also apply.

  • 2.5. Prices and terms of payment

All prices are net prices excluding sales tax, which the buyer must also pay at the statutory rate. The prices are ex works. If there are more than 6 months between the conclusion of the contract and the agreed or actual delivery date, the prices of Feelbelt GmbH that are valid at the time of delivery or provision apply. Purchasing staff and technical staff are not authorized to collect in cash. Payments with liberating effect can only be made directly to Feelbelt GmbH or to a bank account specified by them. Invoices from Feelbelt GmbH are payable immediately and without deduction, but no later than 14 days after the invoice date of the respective invoice. Acceptance is always only as payment.

Discount and bill of exchange charges are at the expense of the buyer and are due immediately. Under the conditions of §§ 366, 367 BGB and despite different provisions of the buyer, Feelbelt GmbH therefore determines which claims are fulfilled by the buyer's payment. If the buyer is in default, Feelbelt GmbH is entitled to charge interest at a rate of 9% above the base rate of the European Central Bank. Interest is due immediately. If the buyer does not meet his payment obligations, in particular if he is in arrears with the payment of an invoice or if Feelbelt GmbH becomes aware of other circumstances that call into question the buyer's creditworthiness, Feelbelt GmbH is entitled to make the entire remaining debt due. In this case, Feelbelt GmbH is also entitled

The buyer is only entitled to offset if the counterclaim is undisputed or has been legally established. If Feelbelt GmbH receives information after the conclusion of the contract which does not make the granting of a credit corresponding to the amount of the order appear completely harmless or which raises doubts in this regard, Feelbelt GmbH is entitled to demand advance payments in cash without regard to previous agreements. Doubts about the buyer's creditworthiness exist, for example, in the event of non-payment of due invoices despite a reminder, in the event of a significant deterioration in the buyer's financial situation, in the event of the termination or transfer of business,

  • 2.6. Reservations regarding the use of the Feelbelt online shop

The orders placed in the Feelbelt online shop, which are placed by the customer himself or by the users of the customer account, are legally valid purchase contracts. The customer is liable for any unauthorized use of his user data made possible by his behavior and the costs incurred as a result. A refusal to accept or return of the orders can lead to the deletion of the user data and thus to the exclusion from the Feelbelt online shop. The customer bears the resulting costs, processing costs, freight costs and costs for return delivery. Furthermore, the user/customer undertakes not to infringe any data, trademark or image rights through his use. This applies in particular to the copying or downloading of data or images. There is no guarantee for the availability of the Feelbelt online shop.

  • 2.7. retention of title

Until the fulfillment of all (including balance) claims that Feelbelt GmbH is entitled to against the customer for any legal reason now or in the future, Feelbelt GmbH will be granted the following securities, which it will release upon request at the discretion of the buyer, insofar as their value exceeds the claim sustained by more than 20%. All deliveries are subject to retention of title. Ownership is only transferred to the buyer when he has repaid all of his liabilities from his business relationship with Feelbelt GmbH, including those that will arise in the future. This also applies if the purchase price for specific deliveries of goods designated to the buyer has been paid.

In the case of a current account, the reserved property may serve as security for the balance claim of Feelbelt GmbH. Treatment and processing are carried out for Feelbelt GmbH to the exclusion of the acquisition of ownership according to § 950 BGB, without any obligation. The processed goods serve to secure Feelbelt GmbH in the amount of the invoice value of the processed reserved goods. If the buyer processes or combines the goods with other goods that do not belong to Feelbelt GmbH, we shall be entitled to ownership of the new item in proportion to the invoice value of the other processed goods subject to retention of title to the acquisition value of the other processed goods. Otherwise the same applies to the new item as to the reserved goods.

This assignment also applies if the reserved goods have previously been treated or processed by the buyer or if they are resold to several employees. The assigned claim serves as security for Feelbelt GmbH in the amount of the invoice value of the goods sold. If the goods are sold by the buyer together with other goods that do not belong to Feelbelt GmbH, whether without or after treatment or processing, the assignment only applies to the amount of the value of the goods involved according to the Feelbelt GmbH invoice. The buyer is entitled to process, sell or install the reserved goods in the ordinary course of business, as long as he is not in default. Pledges or collateral assignments are inadmissible.

The buyer revocably authorizes Feelbelt GmbH to collect the claims assigned to them for his account in his own name. In the case of a sale of receivables, the direct debit authorization only exists with prior written consent, in particular if this serves to secure further credit. At the request of Feelbelt GmbH, however, the buyer will disclose the assignment and provide Feelbelt GmbH with the necessary information and documents. The buyer is obliged to insure the reserved goods adequately against fire and water damage at his own expense to Feelbelt GmbH. Insurance claims arising in the event of damage have already been assigned to Feelbelt GmbH. The assignment is accepted. If third parties access the reserved goods or the assigned claims, the buyer will point out the ownership of Feelbelt GmbH or the assignment of the claim and notify Feelbelt GmbH immediately, handing over the documents required for the objection. Costs and damages paid by the buyer.

In the event of cessation of payment, application for or opening of bankruptcy in court or out of court, in the case of check or bill of exchange protests and other behavior contrary to contract by the buyer - in particular default in payment - the right to resell for the purpose of using or installing the reserved goods and the authorization to collect the assigned claims expires . At the request of Feelbelt GmbH, the buyer must name his customers immediately and point out Feelbelt GmbH's retention of title or the assignment of claims. In this case, Feelbelt GmbH is entitled to take back the reserved goods at the expense of the buyer or, if necessary, to demand the assignment of the buyer's claims for surrender against third parties.

  • 2.8. return of goods

A return of sold goods is generally excluded. If Feelbelt GmbH is forced to take back the goods for reasons for which the buyer is responsible, the buyer is obliged to reimburse all costs, expenses, etc. incurred by Feelbelt GmbH and also to adequately compensate Feelbelt GmbH for the depreciation caused by use and to compensate Feelbelt GmbH for the loss of profit due to the return. The buyer agrees that Feelbelt GmbH offsets the resulting claim against purchase price installments that have already been paid.

In individual cases, the return of goods can be agreed after prior written agreement. The prerequisite for this is that the returned goods are complete, undamaged and in their original packaging. The buyer bears the cost and risk of delivery. We reserve the right to charge a 20% handling and restocking fee for processing returns.

  • 2.9. data storage

Feelbelt GmbH is entitled to use and store the buyer's personal data. In this context, Feelbelt GmbH refers to its general data protection declaration.

  • 2.10. Place of performance, place of jurisdiction and partial invalidity

Place of performance is Potsdam. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the District Court of Potsdam is agreed as the place of jurisdiction for both parties at the discretion of Feelbelt GmbH for any disputes arising from the contracts and related legal relationships. The same applies if the domicile or habitual abode of the buyer is unknown at the time the action is filed. In all other cases, the jurisdiction of the Potsdam district court is agreed for the judicial dunning procedure (§ 688 ff. ZPO). Should one or more of the above provisions be or become ineffective, the effectiveness of the others will not be affected. The ineffective provision is to be replaced by an effective one,

Status: 06/15/2021

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