Terms of service
General Terms and Conditions (GTC) for the use of the online shop
of fivve GmbH & Co. KG and revocation policy
- Scope of application
The following terms and conditions apply to all orders placed via our online store by consumers and entrepreneurs
.Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
- Contractual partner, conclusion of contract
The purchase contract is concluded with fivve GmbH & Co. KG.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after you submit your order.
When the contract with us is concluded depends on the payment method you have selected:
Invoice
We accept your order by sending a declaration of acceptance in a separate email or by delivering the goods within two days.
Pre-payment
We accept your order by sending you a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.
Credit card
When you place your order, you enter your credit card details and the credit card company carries out an authorization check. Once you have been legitimized as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when you place the order. The contract with us is concluded at the time your credit card is charged.
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.
Sofort by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.
Giropay
After placing the order, you will be redirected to the website of your bank, where you confirm the payment instruction to your bank. This concludes the contract with us.
Paydirekt
After placing the order, you will be redirected to the website of the online provider paydirekt, where you confirm the payment instruction to paydirekt. After placing the order, we will ask paydirekt to initiate the payment transaction and thereby accept your offer.
Payment in cash on collection
You pay the invoice amount in cash on collection.
- Contract language, contract text storage
The language available for the conclusion of the contract is German
.We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
In addition to the specified product prices, shipping costs may apply. You can find out more about any shipping costs incurred in the offers.
You generally have the option of collecting your order from fivve®, Bismarckstraße 70, 50672 Cologne, Germany during the following business hours: Tuesday - Saturday 12.00 noon to 7.00 pm
- Payment
The following payment methods are generally available in our store:
Invoice
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.
The purchase on account is processed by our payment service provider BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main (hereinafter referred to as "BS PAYONE"). If the goods are delivered on account, you undertake to pay the invoice amount by bank transfer to the BS PAYONE bank account listed on your invoice within 13 days of receipt of the goods, stating the order number as the reason for payment.
fivve GmbH & Co. KG reserves the right to offer you an alternative payment method to cover the credit risk. The alternatives can be found in the following paragraphs.
Payment in advanceIf you select payment in advance, we will provide you with our bank details in a separate email and deliver the goods once payment has been received.
Credit card
You enter your credit card details when placing the order. Once you have been legitimized as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Sofort by klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
Giropay
After placing the order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via Giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
Paydirekt
After placing the order, you will be redirected to the website of the online provider paydirekt. In order to be able to pay the invoice amount via paydirekt, you must have an online banking account activated for participation in paydirekt, be registered there or register first, legitimize with your access data and confirm the payment instruction to us. Immediately after the order is placed, we request paydirekt to initiate the payment transaction. The payment transaction is carried out automatically by paydirekt. You will receive further instructions during the ordering process.
Payment in cash on collection
You pay the invoice amount in cash on collection.
- Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
For consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to be able to assert our own claims against the carrier or the transport insurance company.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
For entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of breach of material contractual obligations, whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, insofar as agreed
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and claims on Tuesdays to Saturdays from 11:00 a.m. to 7:00 p.m. by calling 0221-82822092 or by e-mail at service@fivve.com
- Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, limb or health
, data-mce-fragment="1">- in the event of intentional or grossly negligent breach of duty
- in the event of warranty promises, if agreed, or
- if the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
In all other cases, claims for damages are excluded.
- Code of conduct
We have subjected ourselves to the following codes of conduct:
- Trusted Shops quality criteria
- https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
- Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
- Protection of minors
If your order includes goods whose sale is subject to age restrictions, we will use a reliable procedure including a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer will only hand over the goods after the age check has been completed and only to the customer in person.
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
25.11.2019 11:32:00 V1.0.0.