1. Scope, Definitions
1.1. These General Terms and Conditions (hereinafter: “GTC”) apply to the use of our online shop at store.flokk.com/germany (hereinafter “Online Shop”) by consumers (hereinafter “Customers”), to orders placed by Customers via the Online Shop, and to the sales contract concluded between Customers and Flokk GmbH, Kaistraße 6, 40221 Düsseldorf, Germany (hereinafter “Flokk”) in connection with an order placed via the Online Shop. Any deviating terms and conditions or general terms and conditions of the Customer shall not be recognised unless Flokk expressly agrees to their validity in writing.
1.2. For the purposes of these terms and conditions, a ‘consumer’ is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)).
1.3. The customer’s contractual partner is
Flokk GmbH, Kaistraße 6, 40221 Düsseldorf, Germany, Email: info-de@flokk.com, Telephone: +49 211 3106100, Facebook: WeAreFlokk, Instagram: flokk_design, LinkedIn: flokkdesign, Pinterest: flokkdesign, YouTube: @Flokk, Managing Director: René Sitter, Mülheim, born 21 January 1975, registered in the Commercial Register of the Düsseldorf Local Court under HRB 75034. VAT No.: DE119373798
2. Conclusion of the contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding invitation to place an order.
2.2. Flokk reserves the right to make deviations from the illustrations and descriptions in the online shop, brochures and catalogues that are customary in the trade, as well as deviations resulting from legal requirements or representing technical improvements, and to substitute components with equivalent parts, provided that this does not impair the product’s suitability for the purpose specified in the contract.
2.3. The customer only submits a legally binding offer to purchase by clicking on the ‘Place order’ button. Before submitting the order, the customer may amend the details and the order at any time
2.4. However, the customer may only submit and transmit the order if, during the ordering process, after entering their personal details, they have given their consent to the inclusion of these Terms and Conditions and the Privacy Policy by ticking the boxes marked accordingly. The customer may view the Terms and Conditions and the Privacy Policy during the ordering process.
2.5. Once the customer has submitted a legally binding offer, Flokk will send the customer an automatic confirmation of receipt by email, setting out the customer’s order once again. The automatic confirmation of receipt merely confirms that Flokk has received the customer’s order and does not constitute acceptance of the offer.
2.6. The contract is only concluded upon Flokk’s issuance of a declaration of acceptance, which is sent in a separate email (order confirmation), or at the latest upon delivery of the goods by Flokk. Flokk is under no obligation to accept the customer’s order. In the order confirmation or in a separate email, but no later than upon delivery of the goods, Flokk shall send the contract text (consisting of the order, the General Terms and Conditions and the order confirmation) to the customer on a durable medium (email or paper printout) (order confirmation). The contract text shall be stored in compliance with data protection regulations.
2.7. The language available for the conclusion of the contract of sale and the language of the contract is German.
3. Delivery, availability of goods
3.1. Delivery times stated by Flokk in the product description in the online shop are calculated from the time the order is confirmed, provided that the purchase price has been paid in advance. The delivery period stated in the product description applies to all products.
3.2. If, at the time the customer places their order, the product they have selected is permanently out of stock, Flokk will not issue a declaration of acceptance. In this case, no contract is formed. If the product specified by the customer in the order is only temporarily unavailable and cannot be delivered to the customer within the delivery period stated in the product description, Flokk shall notify the customer of this immediately in the order confirmation and inform the customer of the expected delivery times. The delivery times stated in the order confirmation shall supersede all previously communicated delivery times.
3.3. Flokk delivers only within Germany. This does not affect the customer’s choice of billing address.
3.4. Flokk is entitled to make partial deliveries, provided this is reasonable for the customer.
3.5. Goods are dispatched via DHL. Flokk bears the risk of loss or damage in transit.
3.6. If the product is damaged during delivery, the customer is asked to notify Flokk’s customer service immediately by email: info-no@flokk.com. Flokk must report transport damage to the carrier within 1–3 days of delivery, and it is therefore essential that the customer reports the damage before this deadline expires. This applies to both visible and hidden transport damage. In the case of visible damage, the customer should point this out to the driver upon receipt of the consignment and ask them to note the damage on the copy of the consignment note. The customer should always remember to keep the packaging in case of a return or complaint, so that it can be handled correctly.
4. Delay in delivery
In the event of a delay in delivery for which Flokk is responsible (hereinafter: “delay in delivery”), the Customer’s claims for damages arising from the delay in delivery shall be limited to an amount equal to 0.5% of the net purchase price of the goods subject to the delay in delivery for each completed week of the delay, up to a maximum of 5.0% of this net purchase price. This limitation of liability shall not apply in cases of intent or gross negligence.
5. Prices and delivery charges, payment methods
5.1. All prices quoted on the Flokk website are in EUR and include packaging and the applicable statutory VAT.
5.2. Delivery of the products is free of charge for the customer.
5.3. The customer may pay by credit card, Apple Pay or Google Pay. The data entered during the authentication process of the relevant payment service provider is not stored by Flokk, but may be stored by the relevant selected payment provider/payment service provider. The relevant privacy policy of the selected payment provider/payment service provider applies in this regard.
5.4. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is specified in the calendar, the customer shall be in default simply by failing to meet the deadline. In this case, the customer shall pay Flokk default interest for the year at a rate of 5 percentage points above the base rate.
5.5. The Customer’s obligation to pay interest on late payments does not preclude Flokk from claiming further damages arising from the delay.
5.6. The goods delivered remain the property of Flokk until full payment has been made.
6. Warranty against defects
6.1. Flokk shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). Claims for damages and reimbursement of expenses arising from defects shall be governed by the statutory provisions in accordance with Clause 7 of these General Terms and Conditions.
6.2. An additional warranty applies to goods supplied by Flokk only if this has been expressly stated in the order confirmation for the relevant item. The customer’s statutory rights in respect of defects remain unaffected in the event that a warranty exists or is provided for the products ordered. Section 479 of the German Civil Code (BGB) remains unaffected.
7. Liability
7.1. The Customer shall have no claim for reimbursement of expenses or compensation for damages, regardless of the legal basis. This limitation of liability shall not apply
- 7.1.1. in the case of claims for reimbursement of expenses under section 439(2) and (3) of the German Civil Code (BGB)
- 7.1.2. in the event of liability under the Product Liability Act
- 7.1.3. when assuming a guarantee or a procurement risk, or
- 7.1.4. in cases of wilful misconduct or gross negligence
- 7.1.5. in the event of a culpable injury to life, limb or health
- 7.1.6. in the event of liability arising from claims under data protection law,
- 7.1.7. in the event of a culpable breach of material contractual obligations, i.e. obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies and is entitled to rely. However, Flokk’s liability for breach of material contractual obligations is limited to compensation for foreseeable damage typical for this type of contract, unless there is intent or gross negligence, or liability arises from injury to life, limb or health, or under the Product Liability Act.
7.2. The limitations set out in clause 7.1 shall also apply in favour of Flokk’s legal representatives, employees and agents where claims are brought directly against them.
7.3. The above provisions do not entail any shift in the burden of proof to the detriment of the customer.
8. Cancellation Policy
8.1. Consumers generally have a statutory right of withdrawal when entering into a distance contract (unless the goods are not prefabricated and their manufacture is based on an individual selection or specification by the consumer, or are clearly tailored to the consumer’s personal needs); Flokk provides information on this below in accordance with the statutory model.
8.2. Cancellation policy:
Cancellation Policy
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the last item. To exercise your right of withdrawal, you must inform us, Flokk GmbH, Kaistraße 6, 40221 Düsseldorf, Germany, email: info-de@flokk.com, telephone: +49 211 3106100, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send notification of your decision to withdraw before the withdrawal period expires.
Consequences of the withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, took possession of the last item. To exercise your right of withdrawal, you must inform us, Flokk GmbH, Kaistraße 6, 40221 Düsseldorf, Germany, email: info-de@flokk.com, telephone: +49 211 3106100, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, though this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send notification of your decision to withdraw before the withdrawal period expires.
8.3. Sample withdrawal form:
Model withdrawal form
(If you wish to cancel the contract, please complete this form and return it.)
To Flokk GmbH, Kaistraße 6, 40221 Düsseldorf, Germany, email: info-de@flokk.com:
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for paper notifications)
Datum_____________
(*) Delete as appropriate.
9. Data processing
You can read about how we process your personal data here in our privacy policy. Customers can find this under Policies.
10. The complaint
If you wish to make a complaint about your purchase, please contact info-de@flokk.com.
11. General duty to provide information under Section 36 of the Consumer Dispute Resolution Act
11.1. Information on alternative dispute resolution in consumer matters: The competent consumer arbitration board is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstr. 8, 77694 Kehl, https://www.verbraucher-schlichter.de. Flokk is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.2. Information on online dispute resolution: The European Commission has set up an online dispute resolution platform (known as the ‘ODR platform’). The ODR platform serves as a point of contact for consumers seeking to resolve disputes out of court regarding contractual obligations arising from online sales contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.
12. Final provisions
12.1. Contracts between Flokk and its customers shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions regarding restrictions on the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer, as a consumer, has their habitual residence, shall remain unaffected (Article 6(1) of the Rome I Regulation).
12.2. The exclusive place of jurisdiction shall be the location where Flokk has its registered office if the customer relocates their place of residence or habitual residence outside Germany, or if their place of residence or habitual residence is unknown at the time the action is brought.
Last updated: September 2024