terms & conditions

terms and conditions vis-a-vis consumer

§ 1 Applicability, Contract Language

(1) The following general Termns and Conditions (GTC) apply to all contracts concluded between you and us, The Forms UG, represented by the managing director Janne Arnold (Maiertorweg 12, 89611 Obermarchtal, VAT-number: DE 346588994 - Klick: Impressum) via this online shop.

(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

§ 2 Applicable Law, Mandatory Consumer Protection Regulation

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

(a) your abode is in Germany, or

(b) your abode is situated in a state not being member of the European Union.

In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

§ 3 Conclusion of contract

(1) The presentation of the exclusively used products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

(2) By clicking „Order with obligation to pay“ in the last step of the order process, you submit a binding offer for purchase of the used goods displayed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer.

A contract comes into existence between you and us as soon as we accept your order by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.

§ 4 Technical steps up to the conclusion of the contract and correction of input errors

To place an order, start by placing the desired used goods in the shopping cart. There you may modify at any time the desired quantity or delete used goods and services completely.

If you have placed used goods in the shopping cart, by clicking on the buttons „Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field.

To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.

§ 5 Storage of the contract text

You will receive the contractual provisions together with information on the used goods ordered including these GTC and the information on the right of withdrawal by e-mail upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual provisions for you.

§ 6 Opening a customer account; Processing of your personal data; Privacy policy

(1) In our online shop you may order used goods as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the used goods offered by us only due to your registration. During your application for registration, you choose a personal user name and a password.

When handling personal data, the contracting parties shall comply with the relevant provisions, in particular those of the General Data Protection Regulation (DSGVO). The contracting parties shall not process personal data without authorization in connection with the establishment, implementation and termination of this contract (data secrecy). They shall impose a corresponding obligation on persons they employ in connection with the establishment, implementation and termination of this Agreement. The data secrecy shall continue to exist even after the termination of their activities.

(2) For information on the processing of your data, please read our privacy policy, which you can find under the following link [. . . . . .].

§ 7 Payment Terms

The purchase price is due immediately after placing the order. The payment oft he goods can be made via our payment provider.

§ 8 Right of Withdrawal

As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

Information on the right of Withdrawal (Sale of goods)

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.


To exercise the right of withdrawal, you must inform us

The Forms UG,

Maiertorweg 12,

89611 Obermarchtal,

Tel.: +49 (0) 170 – 65 930 86

E-Mail: jannearnold@theforms.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.

Special Instructions

The right of withdrawal does not apply to

Contracts for the supply of goods which 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.

End of the revocation

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To

The Forms UG,

Maiertorweg 12,

89611 Obermarchtal,

E-Mail: service@theforms.de

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

ordered on (*). . . . ./received on (*). . . . .;name of consumer(s);address of consumer(s);signature of consumer(s) (only if this form is notified on paper);date

(*) complete as appropriate

§ 9 Retention of Title

The used goods shall remain our property until full payment.

§ 10 Delivery Conditions

We deliver the used goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately.

§ 11 Warranty in case of purchasing goods

(1) If the delivered used goods purchased in our online shop are defective, you are entitled, within the scope of legal provisions, to request rectification, to withdraw from the contract or to reduce the purchase price.

(2) The limitation period of warranty claims fort he delivered usded goods is one year of receipt of the used goods. Any claims due to defects maliciously concealed by us will expire after the normal limitation period.

(3) Moreover, you shall also have rights for defects within the scope of guaranteed properties and/or durability, provided that we expressly guaranteed such in the individual case with respect to the item sold.

§ 12 Limitation of Liability

(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

(2) The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

(3) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.

§ 13 Jurisdiction; Online and Alternative Dispute Resolution; Severability Clause

(1) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Obermarchtal

(2) The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr..

Our e-mail address is: jannearnold@theforms.de.


(3) We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

November 2021