Terms & Conditions

1.  Area of validity and application

The following Terms & Conditions apply to all purchases made at the vendor mentioned in the “About Us” section of this website, in the following called “seller”, and they form the exclusive basis for all orders, deliveries, and services provided by the seller to his customers. Regulations which deviate from these Terms & Conditions are only applicable if they are confirmed by the seller in writing. These Terms & Conditions apply to both, the private customer and the business customer.

2.  Signing the contract

The contract between the customer and the seller comes into effect with the seller sending out the order confirmation to the customer via e-mail or over the Internet which the customer receives as soon as he successfully has completed an order. A contract does not come into effect if an offer on the website of the seller contains a spelling mistake or some other wrong information relating to the characteristics or the price of a product. In that case it is the seller’s responsibility to prove to the customer that it was indeed a spelling mistake or some wrong information.

3.  Supply restrictions and changes

All offers presented by the seller in his online store apply, in case nothing else is expressively mentioned, only “as long as supply lasts”. In case a product ordered by a customer or a comparable product is not available because the seller’s supplier cannot supply this product, then the seller has the right to withdraw from his contract with his customer. In this case, the seller will immediately inform his customer that the delivery of that particular product is not possible and will reimburse the purchase price, in case it already has been paid.

4.  Prices and shipping costs

All prices mentioned on the website of the seller are final prices. However, for some shipping countries VAT and/or import duty may be applicable which the customer has to pay to the appropriate tax or customs authorities of the delivery country before the order can be delivered.

The shipping costs are not included in the prices. They will be shown during the order process and added to the total billing amount.

5.  Payment of merchandise

Payment is due when the customer receives the order confirmation. Customers usually can choose between 2 forms of payment which are credit card (MasterCard, VISA Card, and American Express Card) and PayPal (in a few countries payment is only possible via PayPal). Customers with a bank account located in one of the 17 countries belonging to the “Eurozone” can also select “Prepayment” (via SEPA bank transfer) as a payment option. If the customer chooses to pay by credit card, then he authorizes the seller to debit the billing amount to the credit card account which the customer provided at the time of purchase. If the customer is default with his payment, then the seller has the right to charge interest at an annual percentage rate of 12%. In case the damage caused by the customer being default with his payment is higher and the seller provides prove for that, then the seller has the right to make a higher claim. A right for set-off is only entitled to the customer in case his counterclaims have been legally confirmed or they have been recognized by the seller. The customer is authorized to practice his right of lien to that extent, as far as his counterclaim is based on the same contractual relation.

6.  Delivery of merchandise

Ordered goods are being delivered to the shipping address which the customer provided when he placed his order. The seller delivers orders world-wide. In case due to acts of God’s will an order cannot be delivered or other services cannot be provided, then there is no further liability from the seller’s side other than immediately refunding those amounts which the customer already may have paid. In case attempts to deliver an order at the location of the customer’s shipping address fail twice, then the purchase contract is automatically terminated. In this case, amounts already having been paid by the customer will be refunded after the merchandise, which could not be delivered to the customer, has been returned to the seller. In case there is a delay with an order fulfillment of more than 4 weeks and the customer can prove that this delay is unreasonable for him, then the customer, after a reasonable grace period, can withdraw from his contract free of charge.

7.  Retention of title

As long as the customer has not fulfilled all his financial obligations from his purchase contract towards the seller, all the merchandise which may already have been delivered to the customer remains the property of the seller. As long as this retention of title prevails, the customer is not allowed to sell the merchandise or use it; in particular, the customer is not allowed to contractually grant the right to use the merchandise to any third party.

8.  Liability for payment of damages

In case of simple negligence, the seller is only liable as far as it violated contractual duties and the liability is limited to the foreseeable damage. The seller is not liable for damages caused easily negligently due to some defects of the purchased item.

9.  Use of personal data

The seller’s Privacy Notice can be accessed by clicking on “Privacy Notice” in the menu bar.

10.  Severability clause

If a rule of these Terms & Conditions for any reason should be invalid or become invalid, then this does not touch the validity of the other rules and conditions.

 

Disclaimer

The content on this page is for general information purposes only – it is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. You are advised to confirm any information obtained from or through this page with other sources and review all information regarding any medical condition or treatment with your physician.

Never disregard professional medical advice or deleay seeking medical treatment because of something you have read on or accessed through this page. The FOHOW Shop is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through our web site.

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