Terms and Conditions

§ 1 Validity, definitions
(1) Brand Loyalty Solutions GmbH, Friedrich-Mößner-Straße 34, D-79312 Emmendingen, Germany, Managing Director: Thomas Piske, email: info@brand-loyalty-solutions.com, telephone: 0049 761 48 08 15 43, registration number: HRB 732243 (AG Freiburg), VAT ID: DE450754488 (hereinafter: “we” or “Fisherman’s Friend Loyalty Store”) operates an online shop for goods at the website https://www.fishermansfriendloyalty.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into liabilities.

§ 2 Conclusion of contracts, storage of contract text
(1) The following provisions regarding the conclusion of contracts apply to orders placed via our online shop at https://www.fishermansfriendloyalty.com.
(2) Our product descriptions on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) In order to conclude a contract with us or to submit an offer to purchase goods from us, it is mandatory that you create a user account with us. When creating a user account, you must enter certain data that is marked as necessary. The provision of further data is voluntary. The data entered will be processed in accordance with the provisions of our privacy policy. We reserve the right to delete the user account if incorrect data is entered. We will inform you of this and give you the opportunity to comment.
(4) You may only open one account with us; there is no entitlement to conclude a user agreement. Once created, an account is non-transferable. You are obliged to keep the password you have chosen secret and may not disclose it to third parties. You should inform us immediately if you become aware of any indications that your account has been misused.
(5) The user agreement comes into effect when the user account is activated. The user account is activated after the user clicks the registration button on the registration page, where they have entered their password and accepted the inclusion of these terms of use in the user agreement. The latter is done by placing a check mark in the required place on the registration page. The conclusion of the user agreement is confirmed by a corresponding email.
(6) Upon conclusion of the user agreement, you are entitled to place orders with us. Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

1. Selecting the desired goods,
2. Add the products by clicking on the corresponding button (e.g., “Add to cart,” “Add to shopping bag,” or similar),
3. Check the information in the shopping cart,
4. Call up the order overview by clicking on the corresponding button (e.g., “Proceed to checkout,” “Proceed to payment,” “To order overview,” or similar),
5. Enter/check the address and contact details, Select the payment method, Confirm the terms and conditions and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirm a negative quality agreement,
7. Completing the order by clicking on the “Buy now” button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us at the email address you provided within three business days.

(7) In the event of a contract being concluded, the contract shall be concluded with Brand Loyalty Solutions GmbH, Friedrich-Mößner-Straße 34, Emmendingen, D-79312, Germany, Managing Director: Thomas Piske, email: info@brand-loyalty-solutions.com, telephone 0049 761 48 08 15 43, registration number: HRB 732243, VAT ID: DE450754488, Germany.
(8) Before placing the order, the contract data can be printed out using the browser’s print function or saved electronically. The order will be processed and all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions, and the cancellation policy, will be transmitted by email after you have placed the order, partly automatically. We do not store the contract text after conclusion of the contract.
(9) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.
(10) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract in our online shop is:

1. The sale of goods. The specific goods offered can be found on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly stated in the product description (negative quality agreement). If the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

§ 4 Prices, shipping costs, and delivery
(1) The prices listed in the respective offers and the shipping costs are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, payment claims are due for payment immediately.
(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, in the shopping cart system, if applicable, and again in the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate shipment (delivery time: approx. 3-7 business days after receipt of payment. Further information regarding our delivery times can be found here).
(5) The following delivery area restrictions apply: Delivery is available to the following countries: Germany, Netherlands, Austria.
(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial delivery if you effectively exercise your right of withdrawal. If you effectively exercise your right of withdrawal, the provisions set out in our withdrawal policy shall apply to the return costs.

§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal
If you are a consumer within the meaning of § 12 BGB (German Civil Code), you are entitled to the statutory right of withdrawal both for the conclusion of the usage contract and for individual orders or contracts. This is governed by our right of withdrawal.

§ 7 Contract language
The contract languages available are English, German, or Dutch.

§ 8 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence.
(2) We are liable without limitation for slight negligence in the event of injury to life, limb, or health, or in the event of a breach of a material contractual obligation or claims under the ProdHaftG (German Product Liability Act). If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for property damage and financial loss attributable thereto shall be limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you can regularly rely. This includes, in particular, our obligation to take action and fulfill the contractually owed performance described in § 3.

§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) The warranty period for delivered goods is 12 months for entrepreneurs.
(3) As a consumer, you are requested to check the goods/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course have no effect on your statutory warranty claims.

§ 10 Final provisions/dispute resolution
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) 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 the provider is the provider’s registered office.