Terms and Conditions

1. Scope of validity

1.1 These terms and conditions of business of Fitchquail (hereinafter “Seller”) apply to all contracts which a consumer or trader (hereinafter “Customer”) concludes with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is herewith rejected unless anything else has been agreed.
1.2 A consumer is any natural person who concludes a transaction for purposes which are cannot primarily be attributed to their commercial or self-employed professional activities. A trader is a natural or legal person or a legally responsible business company acting in the exercise of his/its commercial or self-employed professional activities when concluding a transaction.
1.3 If the customer is resident in any of the following countries, the additional country-specific conditions provided at the end of these Terms and Conditions shall apply. Should any conflicts exist be-tween these country-specific terms and conditions and the terms and conditions set forth below, the country-specific terms and conditions shall take precedence.

France, Italy 

2. Conclusion of contracts

2.1 The offerings in the online shop are a non-binding invitation to the Customer to submit an offer.
2.2 The Customer can select products from the range offered by the online shop and collect them in a virtual shopping basket by clicking the “Add to basket” button. He can submit a binding purchase order for the goods in the shopping basket by clicking the “Submit an order subject to payment” button. The Customer can change and view the data at any time before submitting the order. The order can, however, only be submitted and transmitted if the Customer accepts these contractual terms and conditions and includes them accordingly in his order by clicking the “Submit an order subject to payment” button.
2.3 The Seller will thereupon send the Customer an automatic acknowledgement of receipt by email. This acknowledgement will again list the Customer’s order and can be printed off by the Customer using the “Print” option. The automatic acknowledgement of receipt confirms only that the Customer’s order has been received by the Seller and does not represent any acceptance of the order. The Seller can accept the Customer’s offer by means of an order confirmation transmitted in writing (letter) or electronically (fax or email) or by delivering the goods within five days. The Seller is entitled to refuse to accept the order.
2.4 Processing of the order and establishing of contact generally takes place by email and automated order processing. The Customer must ensure that the email address he provides for order processing is correct, thus allowing him to receive emails sent by the Seller to this address. When using spam filters, the Customer must, in particular, ensure that all emails sent by the Seller or third parties delegated by him to process the order can be delivered.

3. Prices and terms of payment

3.1 The prices stated by the Seller are end prices and include the legal rate of value added tax. Where applicable, any additional delivery and shipment costs incurred will be stated separately in the corresponding product description.
3.2 Deliveries to countries outside of the European Union may, in individual cases, be subject to additional costs for which the Seller will not be responsible and which must be borne by the Customer. These include, for example, charges levied by credit institutes for money transfers (e.g. transfer fees or currency exchange fees) or levies or taxes payable under import law (e.g. customs duties).
3.3 The Customer can make payment by bank transfer, PayPal, on account (via PayPal Plus), credit card (Unzer) or instant transfer. Over and above this, by selecting the “Log in and pay with Amazon” or “Pay with Amazon” options (Amazon payments) the Customer can also make payment using shipment and payment information he has saved in an Amazon customer account.
3.4 When using the bank transfer, PayPal, credit card (Unzer), instant transfer or “Log in and pay with Amazon” or “Pay with Amazon” options (Amazon payments), payment of the purchase price and shipping costs will be due immediately after conclusion of the contract.
3.5 Where the “PayPal” payment option has been selected, processing of the payment will be carried out via payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) under the application of PayPal terms and conditions of usage, which can be viewed at:

This presumes, among other things, that the Customer sets up a PayPal account or already has such an account.

3.6 Where the “Payment on account” payment option has been selected, the purchase price will become due after the goods have been delivered and invoiced. In such cases the purchase price will be payable within 14 (fourteen) days of receipt of the invoice without any deductions to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxemburg (hereinafter “PayPal”). The “Payment on account (via PayPal Plus)” payment option requires a successful credit check by PayPal. If, following verification of creditworthiness, the Customer is granted delivery on account, processing of the payment will be carried out in cooperation with PayPal, to whom the Seller assigns his payment claim. The Customer can, in such cases, only discharge his obligation to PayPal. The Seller still remains responsible for general customer enquiries such as questions about goods, delivery times, shipment, returns, complaints, withdrawal declarations and submissions or credit notes in cases where the “Payment on account (via PayPal Plus)” payment option is selected. For the rest, the PayPal terms and conditions of usage (see above) will apply. They can be accessed by the Customer within the scope of the ordering process and must be confirmed by him.

4. Delivery and shipping terms

4.1 Shipping of the goods will be by post to the delivery address stated by the Customer. When processing the transaction, the delivery address provided within the scope of the Seller’s ordering process will be definitive. The Seller will bear the shipping risks if the Customer is a consumer.
4.2 The order form will include information for the Customer regarding the shipping costs incurred, which depend on the country to which the goods are delivered as well as the type of shipment, the size and the weight of the goods ordered. The Customer must bear these costs insofar as he does not make use of his right of withdrawal.
4.3 The Seller is entitled to make partial deliveries insofar as this is reasonable for the Customer. Where partial deliveries are made, the Customer will only be charged shipment costs for the first partial delivery. If partial deliveries are made at the Customer’s request, then the Seller will charge shipment costs for every partial delivery.
4.4 Should the shipping company return the dispatched goods to the Seller because they could not be delivered to the Customer, then the Customer will be liable for the costs of unsuccessful shipment. This will not apply if by refusing to accept the shipment the Customer is exercising his right of withdrawal; if he is not responsible for the circumstances which made it impossible to make delivery or if he was temporarily prevented from accepting the service offered, unless the Seller notified him of this service a reasonable time in advance.
4.5 In the event the Customer exercises his right of withdrawal, then he must bear the direct costs for returning the goods.
4.6 Where the Customer collects the goods himself, the Seller will first inform him by email that the goods ordered are ready for collection. Following receipt of this email the Customer can collect the goods after consultation with the Seller. No shipment costs will be charged in such cases.

5. Liability for defects

5.1 All goods supplied from the online shop are subject to statutory warranty rights. The warranty period on items supplied by the Seller to traders is 12 months.
5.2 There is no additional guarantee on items supplied by the Seller unless such a guarantee was specifically granted in the order confirmation for the corresponding order.

6. Liability

6.1 Claims for damages by the Customer are excluded. Exceptions to this are claims for damages by the Customer resulting from damage to life, body or health or from the breaching of material contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breaches of obligation by the Seller. Material contractual obligations are those which are required to achieve the contract’s objective.
6.2 The Seller will, in cases of breach of material contractual obligations, only be liable for damages which are foreseeable and typical for the contract and if they are due to ordinary negligence, unless the Customer’s claims for damages arise from damage to life, body or health.
6.3 The limitations stated in Sections 6.1 and 6.2 above also apply in favour of the Seller’s legal representatives and vicarious agents, should claims be made directly against them.
6.4 The regulations of the German Product Liability Act (Produkthaftungsgesetz) or the Seller’s guarantee declarations will remain unaffected.

7. Retention of title

The goods supplied will remain the Seller’s property until full payment has been received.

8. Membership of Fitchquail

8.1 The Fitchquail is a customer membership programme that offers its members various services and benefits. Detailed information about the membership programme, in particular about the services offered and current membership fees, can be found on the info page. The provisions in section 8 regulate the mutual rights and obligations associated with a DealClub membership.
8.2 Participation in the DealClub membership programme is voluntary. Members must have reached their 18th birthday. There is no legal entitlement to admission to the DealClub membership programme. The vendor can refuse to admit a customer to the DealClub membership programme without giving a reason. In particular, the vendor reserves the right to exclude customers from the DealClub programme in the event of improper use.
8.3 Each customer may only have one DealClub membership at any given time. A new membership may only be taken out after an existing membership has expired. The vendor reserves the right to terminate with immediate effect the membership of any customer who already has a prior membership; moreover, the vendor shall if applicable refund any amounts paid for the more recent membership.
8.4 In order to participate in the DealClub membership programme, the customer must submit the following declaration of consent: “I hereby expressly request and at the same time agree that you shall begin rendering the service which is the subject of this contract before the end of the cancellation period. I am aware that I shall lose the cancellation right to which I am entitled once you have fulfilled all your obligations pursuant to this contract.”
8.5 DealClub memberships are valid for a period of six months following the date on which the customer became a member. Memberships expire automatically after this period with no need for any notice of termination. Memberships are not renewed automatically. The membership may not be ordinarily terminated before the membership expires. The right to terminate the membership for good cause remains unaffected.
8.6 The vendor reserves the right to terminate or temporarily suspend the DealClub membership programme or replace it with another membership programme should important grounds render such measures necessary, provided that it do so with due regard to the interests of participating customers. In these circumstances, membership payments shall be refunded – proportionately if applicable – to the customer.