Terms of service
§ 1 Terms and Conditions
These terms and conditions apply to all orders made by the consumer via the online shop of
FFX Audio / Frank Fleckenstein
Steinrutschweg 62a
51107 Köln
Germany
District Court Köln
hereafter referred to as FFX Audio.
A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor can be attributed to independent vocational activity.
§ 2 Contract
§ 2.1 The product description in the online shop constitute an offer to sell. By clicking the button "Add to Cart" you make a binding offer to purchase. The sale of our products are only for private use in normal quantities.
§ 2.2 We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five days. The confirmation of receipt of the order is made by an automated e-mail immediately after placing your order and does not constitute acceptance of the contract.
§ 2.3 If our order confirmation contains clerical or typographical errors, or our pricing contains errors due to technical reasons, then we are entitled to cancel the order. Payments already made will be refunded immediately.
§ 3 Prices
Prices on the product pages include legal VAT and do not include shipping. At this point we're still under the German "Small Business" regulation (Kleinunternehmer-Regelung) and do not charge VAT.
§ 4 Shipment costs
The shipment costs can be found in footer of our online shop.
§ 5 Conditions of delivery and retention for self-supply
§ 5.1 Delivery is usually carried out by DHL, DPD or UPS. In certain regions or countries, these carriers have partnerships with local delivery contractors, which is why this may vary for your order.
§ 5.2 If the delivery is not possible after three attempts, due to circumstances that the recipient has caused, for example not at home at the agreed delivery time, we reserve the right to cancel the contract. Your payments will be reimbursed immediately after return of the package.
§ 6 Terms of payment
Payment shall be made either by Shopify Payments or PayPal. Payment methods may differ in foreign countries.
§ 7 Retention of ownership
The goods remain our property until full payment is made. No transfer of ownership, security deposit or alteration of the goods are to be take place before the complete payment of the goods without our consent.
§ 8 Statutory right of withdrawal
§ 8.1 Please find below the legally required instructions for the terms and conditions of withdrawal for the consumer (§13 BGB), who have concluded a contract with us outside of our business premises or through a distance-contract.
Instructions on withdrawal
You have the right to withdraw your purchase within 14 days without given a reason.
The withdrawal period commences 14 days from the day upon which you or an authorized third party, not including any courier, took delivery of the goods.
In order to exercise your right to withdraw your purchase, you must inform us of your intention to withdrawal by sending a declaration by post or email, using the following contact details:
FFX Audio
Frank Fleckenstein
Steinrutschweg 62a
51107 Köln
Germany
E-Mail: ffxpedals@gmail.com
Tel.: +4915175019544
In order to exercise your right to withdraw it is sufficient to notify us of your intention to withdraw before the end of the withdrawal period.
Terms of withdrawal
If you withdraw your purchase, we agree to unequivocally refund the payment received for the ordered item, ultimately upon return of the package. For the refund we will use the same payment method with which you made the initial purchase unless you notify us of an alternative payment method. In no circumstances will you be charged fees in relation to the refund.
For goods delivered by package
We reserve the right to delay a refund until the point at which we have received the returned goods or the point at which you send us proof of return.
You must, without exception, return the goods within 14 days of the day on which you notify us of the withdrawal of purchase. You must return the goods by post or in person to FFX Audio, Steinrutschweg 62a, 51107 Köln, GERMANY. The withdrawal period is valid provided that you return the goods within the period of 14 days.
Shipment costs for the return are responsibility of the buyer, including a sufficient package insurance in case of eventual loss or damage.
End of instructions on withdrawal
§ 8.a Exclusions on the right of withdrawal
The right to withdraw does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the Consumer is decisive or which are clearly tailored to the personal needs of the Consumer (e.g. custom-designed pedal, modifications on guitars),
- Gift cards or vouchers
Customers from Non-EU countries have no entitlement to this returns policy.
§ 8.b General terms regarding returns
Please avoid damage and contamination. Send the product wherever possible in its original packaging with all accessories and with all packaging components. Use a protective outer packaging.
Please note that the terms mentioned under the heading "General terms regarding returns" are not a prerequisite for the effective exercising of the right to withdraw.
§ 9 Transportation damages
§ 10.1 If goods are found to be damaged upon delivery, please report the damage to the carrier and to us immediately.
§ 10.2 Failure to report damage to the carrier does not influence your statutory warranty rights, but assist us in making our claim against the carrier or transport insurance carrier.
§ 10 Guarantee
The warranty is subject to statutory provisions.
§ 10.a Two year warranty for designated products
FFX Audio offers a 2 year warranty on all products via our online shop and promotional offers.
A proof of purchase will be required for this 2 year warranty.
1. The warranty is limited to free repair of defects due to faulty material and/or workmanship.
2. The warranty grants no right to reduce the purchase price, to rescind the contract, or for damages due to malfunction of the product.
3. FFX Audio will either repair a defective product or supply a replacement product at our choice. This can be an alternative product if the original product is no longer available.
4. Warranty is not extended to the following cases:
- Products subject to wear.
- Damage caused by improper use, lack of maintenance, or failure to follow operating instructions.
- Attempted repair by unauthorized persons.
- Damage caused by accident, external force or other circumstance for which FFX Audio is not responsible.
- Minor faults which do not influence the nature of the product.
5. The guarantee applies only in conjunction with the original invoice and must be requested in writing or e-mail within the 2-year period.
6. Warranty service does not lead to the renewal or extension of the warranty period.
7. Please send a copy of the original sales invoice and a description of the product fault when requesting service. We will repair or replace the faulty product as soon as technically possible.
8. Customers outside of Germany must pay shipping costs for the return of defective goods. The transport risk of sending defective goods lies solely with the customer, whereas the risk of returning repaired goods to the customer lies with FFX Audio.
9. Costs of regular maintenance and service are not covered by warranty.
10. Further claims for damages etc. cannot be derived under the resulting guarantee agreement with FFX Audio.
§ 11 Alternative and Online Dispute Resolution (ADR/ODR)
The Seller is not obliged or willing to participate in a dispute settlement procedure through Alternative and/or Online Dispute Resolution.
§ 13 Final determination
If any provision of these Terms and Conditions are invalid, the remaining terms of the contract shall remain valid.