General Terms and Conditions
§ 1 Scope, Definitions
(1) These General Terms and Conditions (hereinafter "GTC") apply to all orders placed via this online shop in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (Section 13 BGB). An entrepreneur is a natural or legal person or a legally responsible partnership that acts in the exercise of its commercial or self-employed professional activity when concluding the legal transaction (Section 14 BGB).
(3) Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless we expressly agree to their validity in text form.
§ 2 Contractual Partner
The purchase contract is concluded with:
SicherShopping Limited
Room 1911A, Unit F, 19/F, Golden Bear Centre
66 Chai Wan Kok Street
New Territories, Hong Kong
Email: support@findenela.com
§ 3 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer but a non-binding online catalog.
(2) By clicking the order button, you submit a binding offer to purchase the goods in the shopping cart.
(3) Receipt of your order will be confirmed immediately by email. This confirmation of receipt does not yet constitute acceptance of the contract offer. The contract is concluded once we accept the order through an express declaration of acceptance or through the shipping confirmation.
(4) If an ordered item is unavailable because we are not supplied without our fault, we may withdraw from the contract. We will inform you immediately and refund any payments already made without delay.
(5) The contract text will be stored by us. The order data will be sent to you by email.
§ 4 Prices, Shipping Costs, and Import Duties
(1) All stated prices are final prices. The company is based in Hong Kong and does not charge German VAT.
(2) In addition to the product price, shipping costs of €1.90 per order apply. We offer free shipping for orders over €79.
(3) Shipping occurs from a country outside the European Union. Upon import, customs duties, import levies, taxes, and handling fees from the carrier may apply. These costs are not included in the purchase price and are to be borne by the recipient. Their amount depends on the regulations of the respective destination country and is beyond our control.
§ 5 Payment, Due Date, Default
(1) The available payment methods will be shown to you during the ordering process.
(2) The purchase price is due for payment upon conclusion of the contract.
(3) If you fall into payment default, we are entitled to demand default interest at the statutory rate. The assertion of further damages from default remains reserved.
(4) If a payment is charged back due to reasons attributable to you, you bear the resulting bank charges.
§ 6 Processing Time, Delivery Time, Delays
(1) Processing Time: After the contract is concluded, we usually prepare your order for shipping within 3–5 business days.
(2) Delivery Time: The delivery time is usually 3–7 business days. It begins at the time of shipping, not at the time of ordering.
(3) Total Duration: From ordering to delivery, it typically takes 6–12 business days.
(4) We deliver to Germany, Austria, and Switzerland.
(5) In exceptional cases, the delivery time may be extended, particularly due to delays in customs clearance, force majeure, official measures, or other events beyond our control. We will inform you promptly in such cases.
(6) We are entitled to make partial deliveries insofar as this is reasonable for you. No additional shipping costs will be incurred by you as a result.
(7) For consumers, the risk of accidental loss and accidental deterioration of the sold item passes upon handover of the goods. If the customer is an entrepreneur, the risk passes already upon handover to the transport company.
(8) If acceptance of the shipment is refused without valid reason or if delivery fails for reasons attributable to you, we do not bear the return shipping costs.
§ 7 Changes and Cancellations of Orders
(1) After the contract is concluded, your order is automatically transferred to our fulfillment partners. Therefore, we cannot guarantee subsequent changes or cancellations of the order.
(2) Your statutory right of withdrawal remains unaffected. You can withdraw from the contract from the time of conclusion until fourteen days after receipt of the goods. Details can be found in our cancellation policy.
(3) If the goods have already been shipped at the time of your withdrawal, the reversal is carried out via a return. You bear the direct costs of the return. We do not offer free returns.
§ 8 Loss of Shipment
(1) If your shipment is not delivered, please inform us by email at support@findenela.com. We will immediately initiate a trace request with the transport company.
(2) Trace procedures for international shipments typically take up to 20 business days. If the loss is confirmed or the shipment remains untraceable after the investigation is completed, we will either resend at no cost or refund the purchase price including shipping costs, at your choice.
(3) Your statutory rights, in particular the right to withdraw from the contract after a reasonable period has elapsed, remain unaffected.
§ 9 Retention of Title
(1) The delivered goods remain our property until full payment is made.
(2) If the customer is an entrepreneur, we retain title until all claims from the ongoing business relationship are fully settled.
§ 10 Right of Withdrawal
(1) Consumers have a statutory right of withdrawal. Details, return modalities, and the model withdrawal form can be found in our cancellation policy.
(2) The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery (Section 312g (2) No. 3 BGB). This particularly applies to underwear, swimwear, and hosiery, insofar as they are delivered sealed. As long as the seal is intact, the right of withdrawal remains.
§ 11 Liability for Defects
(1) For consumers, the statutory liability for defects applies.
(2) If the customer is an entrepreneur, the statute of limitations for claims due to defects is one year from delivery of the goods. Entrepreneurs must inspect the goods immediately and report obvious defects without delay (Section 377 HGB).
(3) Minor, commercially customary deviations in color, size, or structure that are technically conditioned and do not impair usability do not constitute a defect.
§ 12 Voluntary 2-Year Money-Back Guarantee
(1) In addition to statutory rights (right of withdrawal and liability for defects), we voluntarily grant a 2-year money-back guarantee from the time of risk transfer.
(2) Condition: This voluntary guarantee applies exclusively to products that were not reduced or discounted at the time of order and were purchased at the regular original price. For products purchased as part of sales, discount promotions, or with other price reductions, the voluntary 2-year money-back guarantee is excluded.
(3) In the event of a guarantee claim, contact us by email at support@findenela.com with a description of the problem and your order number. After reviewing your request, we will refund the full purchase price.
(4) Your statutory rights from the right of withdrawal and liability for defects remain unaffected by this voluntary guarantee.
§ 13 Liability
(1) We are liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, under the provisions of the Product Liability Act, and to the extent of any guarantee we have assumed.
(2) In the case of slight negligence in breaching an essential contractual duty (cardinal obligation), our liability is limited to the contract-typical, foreseeable damage.
(3) Otherwise, liability is excluded.
§ 14 Set-off and Retention
You may only set off against undisputed or legally established counterclaims. A right of retention exists only insofar as it is based on the same contractual relationship.
§ 15 Consumer Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 16 Applicable Law, Place of Jurisdiction
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected (Art. 6 Rome I Regulation).
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our business headquarters.
§ 17 Final Provisions
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.