Terms of service

§ 1    Scope

For the business relationship between the web shop provider
Shinnox UG (limited liability), Im Gieren 8, 55471 Kümbdchen,
represented by Mrs. Katrin Marx, Tel. +49 (0)176 322 877 94, district court Charlottenburg under HRB 238896, VAT ID DE 351407323,
– hereinafter "Provider" –
and the customer the following general terms and conditions in the version valid at the time of the order are to be applied. Deviating general terms and conditions of the customer are not recognized unless the provider clearly agrees to their validity in writing.

§ 2    Conclusion of contract

(1) By placing the products in the online shop, the provider makes a binding offer to conclude a contract. The customer can select products from the range and use the button "add to cart" to select and put them in a so-called shopping cart. Before sending the order, the customer can change and view the data at any time. The contract is concluded when the customer clicks on the button "buy now" and herby accepts the offer for the goods in the shopping cart. However, the offer can only be accepted and transmitted if the customer has accepted these terms and conditions by ticking the box with the note "Please read and confirm your agreement with the General Terms and Conditions" and thereby included them in the contract.
(2) Immediately thereafter, the provider sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. The invoice is attached to this email. The text of the contract is stored in compliance with data protection.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, partly automatically. The customer must therefore ensure that the e-mail address he has given to the provider is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(4) The contract will be closed in German or English. The web shop is in German or English language. 

§ 3    Delivery

• Delivery times specified by us are calculated from the time of the order confirmation, provided that the purchase price has been paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, it is 1-5 working days in Germany. We deliver the goods after the conclusion of the contract per DHL GoGreen. When paying in advance, the delivery times apply from receipt of money on our account. Deviating delivery times are named in the item description.
• When shipping outside of Germany and within Europe, the delivery of available goods usually takes 5-14 working days. For shipments to non-European countries, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient location.
• If you order a product that was available according to the item description and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and propose the delivery of a comparable product. If no comparable product is available or you do not wish to have a comparable product delivered, we may immediately reimburse any payments already sent. In this case, too, there is the right to withdraw from the contract.
• We have the right to make partial deliveries or services, as long as conflicting interests are not unreasonably impaired. Should there be a partial delivery, we will of course assume the additional shipping costs. There are no additional costs for you.
• The delivery time is extended appropriately if the delivery is affected by force majeure. In particular, force majeure is equivalent to: subsequent difficulties in procuring materials, riots, strikes, lockouts, operational disruptions, fire, natural disasters, hindrances to transport, changes in legal provisions, official measures or ordinances or the occurrence of other unforeseeable events that are beyond our control and, from an objective point of view, have not been culpably brought about by us. If one of the above cases occurs, we will inform you immediately. If the obstacle to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This does not apply in cases of intent or gross negligence, in the case of assurances or if essential contractual obligations are violated through simple negligence or if liability is mandatory for contractually typical, foreseeable damages for legal reasons.

§ 4    Retention of title

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

§ 5    Prices and shipping costs

(1) All prices stated on the provider's website include the applicable statutory sales tax.
(2) The shipping costs within Germany are 4,90€. You can find the costs for shipping to other countries in the shipping guidelines here.
(3) The goods are dispatched by post. The provider bears the shipping risk if the customer is a consumer.
(4) Regulations concerning the shipping costs in case of a withdrawal are explained in §11. 

§ 6    Payment arrangements

(1) The customer has the option to make the payment by credit card or Paypal.
(2) The payment of the purchase price is due immediately upon conclusion of the contract.

§ 7    Material defect warranty, guarantee

(1) The provider is liable for material defects according to the applicable statutory provisions, in particular §§ 434 et seq. Civil Code. Compared to entrepreneurs, the Warranty period for goods delivered by the seller is 12 months.
(2) There is only an additional guarantee for the goods delivered by the supplier if this was expressly given in the order confirmation for the respective article.

§ 8    Coupons and discount codes

Shinnox also reserves the right to offer one or more voucher program(s) and/or discount codes at different times and under different conditions. The individual customer has no right to receive such vouchers. The value of the vouchers depends on the current conditions of the voucher program and/or discount codes at the time of issue. Vouchers are subject to an expiration date, which is noted on the respective voucher.

At the latest, however, vouchers expire at the end of the third calendar year after the voucher was issued. If no expiration date is noted, the voucher and / or discount code remains valid for one year after the date of issue. Unless otherwise stipulated, the following conditions apply in principle:

• Vouchers and / or discount codes cannot be combined. 
• Vouchers are not transferable. 
• The voucher must be redeemed when the order is placed. Subsequent crediting of vouchers is not possible.
• All vouchers and/or discount codes can only be redeemed in the country in which the currency in which the credit/voucher is priced is legal means of payment.

§ 9    Liability

(1) Customer claims for compensation 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 that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages from injury to life, limb or health.
(3) The restrictions of para. 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from para. 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

§ 10   EU-Online dispute participation and general information obligation according to §36 VSGB

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which is available under WWW.EC.EUROPA.EU/CONSUMERS/ODR. Our email address is: hello@fuenve.com
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board (§ 36 VSGB).

§ 11   Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving a reason and you can return the goods received within this period by sending them back. In principle, the customer bears the costs for the return shipment. A different regulation applies in the case of a first size exchange. In this case, Shinnox will cover the costs of the return shipping and send you a shipping label. 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 the case of a contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last piece. 

In order to exercise your right of withdrawal, you must send us (Shinnox UG (limited liability), Im Gieren 8, 55471 Kümbdchen, Germany, email: hello@fuenve.com, Tel.: +49 176 322 877 94) by means of a clear statement of your decision to withdraw from this contract. To comply with the cancellation period, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the cancellation period has expired. In case you want to do so by mail or email, you can use the linked withdrawal form (german), but this is not mandatory. We recommend using or online return registration.

Shipping address for returns:

QUIVO (Fünve)
c/o Logsta Germany GmbH
Elbestraße 2
84453 Mühldorf am Inn
Germany

Please check the regulations for returns on the  Return & Complaints page.

§ 12 Final Provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, esp. of the state in which the customer has his habitual residence as a consumer remain unaffected.
(2) 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.
(3) 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. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.