Terms of service
General Terms and Conditions (GTC)
(last updated: May 19, 2025)
Imprint
Modekonstrukt GmbH, Brand Femkit
Danziger Straße 146, 10407 Berlin
Phone: +49 30 24355167
Email: sales[at]femkit.de
Commercial Register: Local Court Charlottenburg, HRB 159521 B
VAT ID: DE296044859
Managing Director: Cindy Schlobinsky
1. Scope
1.1 These General Terms and Conditions apply to all business relationships between Modekonstrukt GmbH (hereinafter referred to as "Femkit" or "Provider") and its business customers (hereinafter referred to as "Customer").
1.2 These GTC apply exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Consumers (§ 13 BGB) are excluded from using the services.
1.3 Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if Femkit has expressly agreed to their validity in writing.
2. Conclusion of Contract
2.1 All offers made by Femkit are non-binding and subject to change, unless expressly marked as binding.
2.2 By ordering goods, the Customer makes a binding offer to conclude a purchase contract. The contract is only concluded upon written or electronic order confirmation by Femkit.
2.3 Femkit reserves the right to reject orders without giving reasons.
3. Prices and Payment Terms
3.1 Prices are quoted net plus the applicable statutory VAT.
3.2 Femkit reserves the right to adjust prices if costs change due to, for example, raw material prices, transport, or other external factors.
3.3 Unless otherwise agreed, the invoice amount is due for payment without deduction within 14 days from the invoice date.
3.4 In the event of late payment, Femkit is entitled to charge default interest at a rate of 9 percentage points above the base interest rate pursuant to § 288 (2) BGB.
4. Delivery and Shipping
4.1 Delivery is made to the address provided by the Customer.
4.2 Delivery times are non-binding unless expressly agreed in writing as binding.
4.3 Femkit is not liable for delivery delays caused by force majeure or other circumstances beyond Femkit's control.
4.4 Shipment is at the Customer’s risk in accordance with § 447 BGB, once the goods have been handed over to the carrier, freight forwarder, or other person designated to carry out the shipment.
5. Retention of Title
5.1 Femkit retains ownership of the delivered goods until full payment of all claims arising from the business relationship.
5.2 The Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. However, the Customer hereby assigns all claims arising from the resale to Femkit.
5.3 In the event of default in payment, Femkit is entitled to demand the return of the goods subject to retention of title.
6. Warranty and Liability
6.1 Femkit is liable for defects in the delivered goods in accordance with statutory provisions unless otherwise specified below.
6.2 The warranty period is one year from the date of delivery. The shortened warranty period does not apply in cases of fraud, intent, or gross negligence.
6.3 The Customer is obliged to inspect the goods immediately upon receipt and to report any defects in writing within 10 days (§ 377 HGB).
6.4 Claims for damages by the Customer, regardless of legal basis, are excluded.
7. Right of Withdrawal and Cancellation
7.1 Withdrawal from the contract is only permitted for the reasons stated in § 323 BGB.
7.2 Femkit reserves the right to claim a lump-sum compensation of 10% of the net order value for unjustified cancellations by the Customer, unless the Customer proves a lower loss.
8. Disclaimer of Liability
8.1 Femkit is not liable for damages caused by improper handling of the products.
8.2 Femkit accepts no liability for damages caused by force majeure.
9. Data Protection
The processing of personal data is carried out in accordance with applicable data protection laws, in particular the GDPR. Further information can be found in our Privacy Policy.
10. Applicable Law and Jurisdiction
10.1 All legal relationships between Femkit and the Customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The exclusive place of jurisdiction for all disputes is Berlin, Local Court Charlottenburg.
11. Final Provisions
11.1 Amendments or additions to the contract must be made in writing.
11.2 If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall not be affected.