Terms of service
General Terms and Conditions of Final Draft for Transactions with Consumers
1. Terms and Conditions; Contractual Parties
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts for the purchase of goods from the online shop of J. Kleinert und M. Götz Projekt FD GbR (hereinafter referred to as "Final Draft", "we", or "us") - e.g., accessible at www.finaldraftclo.com - by the customer. Diverging terms of the customer do not become part of the contract between the parties, even if Final Draft does not explicitly object to them. The contractual parties are exclusively Final Draft and the ordering customer. Our email address is: hello@finaldraftclo.com.
2. Order by the Customer
Only persons of legal age, whose order is not for commercial or freelance professional purposes or on behalf of a third party, can place an order with us. Entrepreneurs as defined in § 14 BGB are not entitled to place orders. We expressly point out that we will not issue invoices as defined in § 14 UStG.
Furthermore, the customer confirms that they are an authorised user of the credit or debit card or any other payment method used to place the order.
3. Conclusion of the Contract
3.1 The presentation of products in the Final Draft online shop does not constitute a legally binding offer but an invitation to submit an offer. By ordering goods, the customer makes a binding offer to conclude a purchase contract. After placing the order, the customer receives an email confirming receipt of the order (hereinafter referred to as "Order Confirmation"). This confirmation does not constitute an acceptance of the offer, and therefore no contract is concluded at this point. A purchase contract between Final Draft and the customer is only concluded after a further express order confirmation (acceptance of the offer by Final Draft after checking customer data such as credit and identity checks and the availability of the goods) or by dispatching the goods.
3.2 Goods are only sold in household quantities.
4. Delivery Conditions; Shipping Costs; Costs of Returns in Case of Revocation
4.1 Delivery of goods is made to the delivery address provided by the customer via postal shipping after payment has been received. Unfortunately, delivery to P.O. boxes or parcel stations is not possible.
4.2 Shipping costs for deliveries are specified in the shipping cost overview in the online shop and will be shown to the customer in the order form.
4.3 In the event of exercising the statutory right of withdrawal according to section 6, the customer is responsible for the costs of the return.
5. Prices and Payment Methods
5.1 Prices indicated in the online shop are final prices, including statutory VAT and any applicable shipping costs in accordance with sections 4.3 and 4.4. During the order process, the customer receives a summary of the total cost of the order before submitting the order.
5.2 The customer can make the payment by credit card, PayPal, or purchase on account (depending on the outcome of a credit check by an external service provider). We reserve the right to not offer certain payment methods for each order and to refer the customer to other payment options.
6. Retention of Title; Set-Off; Right of Retention
6.1 We retain ownership of the purchased goods until full payment of the invoice amount.
6.2 The customer only has the right to set off claims that are legally established, undisputed, or acknowledged by us. The customer is only entitled to a right of retention insofar as their counterclaim arises from the same contractual relationship.
7. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day you or a third party named by you (who is not the carrier) takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Whats App +49 9321 3003246 or Email hello@finaldraftclo.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the attached withdrawal form for this purpose.
8. Warranty
The warranty is governed by statutory provisions.
9. Liability
9.1 In cases of intent or gross negligence, Final Draft is liable without limitation for all foreseeable damages.
9.2 In cases of slight negligence, Final Draft's liability is limited to damages typically foreseeable under the contract.
9.3 Final Draft's liability for injury to life, body, or health remains unaffected by the aforementioned limitations of liability.
10. Applicable Law
All disputes arising from the initiation, execution, or handling of the contractual relationship between the customer and Final Draft are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
11. Online Dispute Resolution and Alternative Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution (ODR), which is accessible at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE.
11.2 We are neither obliged nor willing to participate in dispute resolution procedures before a consumer arbitration board.
Sample Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it to us):
To:
J. Kleinert und M. Götz Projekt FD GbR
Rudolf-Diesel-Straße 1A
97318 Kitzingen
I/we () hereby withdraw from the contract concluded by me/us () regarding the purchase of the following goods ()/provision of the following service ():
- Ordered on ()/received on ():[date]
- Name of the consumer(s): [first name, last name]
- Address of the consumer(s): [address]
- Order number: [order number]
Signature of the consumer(s) (only in case of a notification on paper):
Date:
(*) Delete as applicable.