Terms of service

General Terms and Conditions

Contractual conditions for purchase agreements concluded via the platform between

Forever GmbH, Robert-Bosch-Str. 43, 68542 Heddesheim, Tel. 06203 930200, registered in the commercial register of the Mannheim District Court under HRB 5531, represented by Ms. Ebru Öz,
VAT-ID: DE143834758 – hereinafter referred to as “Provider” –

and

the customers designated in §2 of the contract – hereinafter referred to as “Customer” –

§1 Scope, Definitions

  1. For the business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”), exclusively the following General Terms and Conditions in their version valid at the time of the order apply. Deviating general terms and conditions of the ordering party shall not be recognized unless the Provider expressly agrees to their validity in writing.
  2. The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. Conversely, an entrepreneur is any natural or legal person or legally capable partnership acting in the conclusion of the contract in the exercise of their commercial or self-employed professional activity.

§2 Conclusion of Contract

  1. The Customer can select products from the Provider’s assortment, in particular DTF Films, Transfer Foils, Accessories, and collect them in a so-called shopping cart via the button “Add to Cart.” By clicking the button “Place Order,” the Customer submits a binding offer to purchase the goods contained in the shopping cart. Before submitting the order, the Customer may change and review the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these contractual conditions by clicking the button “Accept Terms and Conditions,” thereby incorporating them into their offer.
  2. The Provider then sends the Customer an automatic confirmation of receipt by e-mail, which lists the Customer’s order again and which the Customer can print using the “Print” function. The automatic confirmation of receipt only documents that the Customer’s order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded by the submission of the declaration of acceptance by the Provider, which is sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC, and order confirmation) will be sent to the Customer on a durable medium (e-mail or paper printout) (contract confirmation). The contract text is stored while maintaining data protection.
  3. The conclusion of the contract takes place in the German language.

§3 Delivery, Availability of Goods

  1. Delivery times indicated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of payment on account). If no or no deviating delivery time is specified in our online shop for the respective goods, it amounts to 3-7 days.
  2. If no units of the product selected by the Customer are available at the time of the Customer’s order, the Provider will inform the Customer immediately in the order confirmation. If the product is permanently unavailable, the Provider will refrain from issuing an acceptance declaration. In this case, no contract is concluded.
  3. If the product designated by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer immediately in the order confirmation.
  4. The following delivery restrictions apply: The Provider only delivers to Customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Austria, Belgium, Luxembourg, Netherlands, Sweden, Finland, Spain, Italy, Portugal, Greece, Ireland, Malta, Cyprus, Croatia, Poland, Czechia, Slovakia, Slovenia, Bulgaria, Romania, Hungary, Estonia, Latvia, Lithuania.

§4 Retention of Title

The delivered goods remain the property of the Provider until full payment.

§5 Prices and Shipping Costs

  1. All prices indicated on the Provider’s website include the applicable statutory VAT.
  2. The corresponding shipping costs are indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer exercises their right of withdrawal.
  3. The shipment of goods is carried out by postal delivery. The Provider bears the shipping risk if the Customer is a consumer.
  4. In the event of a withdrawal, the Customer bears the direct costs of returning the goods.

§6 Payment Methods

  1. The Customer can make payment by direct debit, credit card, cash on delivery, or on account. Payment on account is only possible for new Customers for the first order up to a merchandise order value of EUR 100.
  2. The Customer can change the payment method stored in their user account at any time.
  3. The purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by calendar, the Customer is already in default by missing the deadline. In this case, the Customer must pay the Provider interest on arrears of 5 percentage points above the base interest rate for the year.
  4. The Customer’s obligation to pay interest on arrears does not exclude the assertion of further default damages by the Provider.

§7 Liability for Material Defects, Warranty

  1. The Provider is liable for material defects in accordance with the statutory provisions applicable thereto, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods delivered by the Provider is 12 months.
  2. An additional guarantee exists for goods delivered by the Provider only if this has been expressly granted for the respective item in the order confirmation.

§8 Liability

  1. Claims of the Customer for damages are excluded. Exceptions are claims for damages of the Customer arising from injury to life, body, or health, or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from intentional or grossly negligent breaches of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
  2. In the case of a breach of essential contractual obligations, the Provider is only liable for the typical, foreseeable damage if caused by simple negligence, unless it concerns claims for damages arising from injury to life, body, or health.
  3. The limitations of paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
  4. The liability limitations resulting from paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have agreed on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§9 Right of Withdrawal

  1. Consumers have a statutory right of withdrawal when concluding a distance contract, which the Provider informs about according to the statutory model below. Exceptions to the right of withdrawal are regulated in paragraph 2. Paragraph 3 contains a model withdrawal form.

Right of Withdrawal

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

The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us (FOREVER GmbH, Robert-Bosch-Str. 43, 68542 Heddesheim, Germany, email: info@forever-dtf.com) by means of a clear declaration (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is, however, not mandatory.

To meet the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the one offered by us, the cheapest standard delivery), without undue delay and at the latest within fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement.

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

You must return the goods immediately, and in any event no later than fourteen days from the day you inform us of the withdrawal. The period is deemed to be complied with if you send the goods before the expiration of the fourteen-day period.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if this results from handling the goods beyond what is necessary to check their nature, characteristics, and functioning.

  1. The right of withdrawal does not apply to contracts for:
  • Goods manufactured according to customer specifications or clearly tailored to personal needs,
  • Goods tailored, modified, or specially produced at the Customer’s request,
  • Sealed goods which are not suitable for return due to health protection or hygiene if the seal has been removed after delivery (if applicable).
  1. Regarding the model withdrawal form, the Provider informs according to the statutory regulation as follows:

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

— To FOREVER GmbH, Robert-Bosch-Str. 43, 68542 Heddesheim, Germany, email: info@forever-dtf.com
— I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/ 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 submitted on paper)
— Date
(*) Delete as appropriate

§10 Final Provisions

  1. Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer has their habitual residence as a consumer, remain unaffected.
  2. If the Customer is a merchant, a legal entity under public law, or a public law special fund, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider’s registered office.
  3. The contract remains binding even if individual provisions are legally invalid. The statutory provisions shall replace invalid provisions. However, if this would cause unreasonable hardship for a contracting party, the contract shall be entirely invalid.