Terms and Conditions

Terms and Conditions
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As of: 07/04/2025

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These terms and conditions

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(1) This website (Feb2nd.com) and/or the services, including all associated mobile applications (collectively: the “Services”), as well as all offers and sales of products (“Products”) via the site, are owned and operated by [Feb2nd by Petra Huber, sole proprietorship] (hereinafter also referred to as “we,” “us,” and “our”). These terms and conditions (“Terms”) set out the terms under which visitors or users (collectively: “Users” or “you”) may visit or use the site and/or the Services and purchase Products.

(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access the site or use the Services. Please read these Terms carefully before accessing our site, using the Services, or purchasing any Products. These Terms explain who we are, how we sell Products to you, how you may cancel a purchase contract, and what steps you can take if issues arise.

(3) You represent and warrant that you are of legal age and possess the legal authority, right, and freedom to enter into a binding agreement based on these Terms, to use the Services, and to purchase Products. If you are a minor, you must obtain the consent of your parents or a legal guardian to use the Services or purchase Products.​

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Purchase of Products
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(1) The purchase of products is subject to the terms and conditions in effect at the time of the purchase.

(2) When you purchase a product: (i) you are responsible for reading the full item description before making a binding purchase, and (ii) completing an order on the site (by finishing the checkout process via the "Place Order" button or a similar button) may constitute a legally binding contract for the purchase of the respective product, unless otherwise provided for in these terms and conditions.

(3) You may select products from our range and add them to your shopping cart by clicking the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any inadvertent pricing errors. Such changes will not affect the price of products you have already purchased. During the checkout process, you will be shown an overview of all products you have added to your shopping cart. This overview includes the essential characteristics of each product, the total price for all products, the applicable sales tax/value-added tax (VAT), and any shipping costs. On the checkout page, you also have the opportunity to review the products and quantities, and—if necessary—to modify, remove, or correct them. You may also identify and correct any input errors using the editing functions before placing your final, binding order. All stated delivery times apply from the moment we receive your payment for the purchase price. By clicking the "Place Order" button, you submit a binding offer to purchase the listed products at the specified price and shipping costs. To complete the ordering process by clicking the "Place Order" (or equivalent) button, you must first acknowledge these terms as legally binding for your order by checking the corresponding box.

(4) We will then send you an order confirmation via email, which lists your order details and can be printed or saved using the appropriate function. Please note that this is an automated notification confirming only that we have received your order; it does not constitute acceptance of your order.

(5) A legally binding agreement for the purchase of products is only concluded once we send you an acceptance confirmation via email or dispatch the products to you. We reserve the right to decline your order. This does not apply in cases where we offer a payment method—which you choose to use—that initiates a payment transaction immediately upon the submission of your order (e.g., electronic bank transfer or real-time payment via PayPal, Giropay, or Paydirekt). In such cases, the legally binding agreement is considered concluded as soon as you have initiated the ordering process by clicking the "Place Order" button, as described above.

(6) The purchase agreement may be concluded in the [German] language. Once the agreement is concluded, the terms and conditions will be stored by us; you will no longer have access to them thereafter.​

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Right of Withdrawal
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NOTE FROM WIX: The right of withdrawal must be based on a statutory template. Depending on the specific circumstances of an individual case, such a statutory template may include various options and alternative phrasings. While Appendices 1 through 3 provide templates for three typical scenarios (the sale of one or more physical products and the sale of digital content), they cannot cover every possible variation or alternative that might arise in practice. Therefore, it is highly recommended that store operators tailor these instructions to their specific needs.

(1) If you purchase one or more products via the site or the services that are shipped in a single delivery, the instructions regarding the right of withdrawal set out in Appendix 1 to these terms shall apply.

(2) If you purchase one or more products via the site or the services that are shipped in multiple, separate deliveries, the instructions regarding the right of withdrawal set out in Appendix 2 to these terms shall apply.

(3) If you purchase one or more products via the site or the services that consist of digital content not supplied on a physical medium (e.g., CDs or DVDs), the instructions regarding the right of withdrawal set out in Appendix 3 to these terms shall apply.

(4) To exercise your right of withdrawal, you may use the withdrawal form provided in Appendix 4 to these terms; however, doing so is not mandatory.

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Warranty for products
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We are liable in accordance with the statutory warranty provisions for defects in the quality and/or title of the products that you purchase from us.

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Storing online payment details
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You can save a preferred payment method for the future. In this case, we will store this payment information in accordance with applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

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Vouchers, gift cards and other offers
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Vouchers, gift cards or discounts and other offers may be available for our Products from time to time (“Offers”). Such offers are valid only for the period specified in such offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written consent.

NOTE FROM WIX: IF you have a members area, please add the following

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Member Account
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(1) To access and use certain areas and features of our site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when registering your Member Account.

(2) If someone other than you accesses your Member Account and/or your settings, they may perform any actions available to you—such as making changes to your Member Account. We therefore strongly advise you to keep your Member Account login credentials secure. Any such activity will be deemed to have been carried out by you or on your behalf; you are solely responsible for all activities that occur under your Member Account—regardless of whether or not they were expressly authorized by you—as well as for any resulting damages, expenses, or losses. You are liable for activities associated with your Member Account in the manner described if you have negligently enabled the use of your account by failing to exercise reasonable care in protecting your login credentials.

(3) You may create and access your Member Account via a dedicated webpage or through a third-party platform, such as Facebook (a “Social Network Account”). By registering via a third-party platform account, you grant us access to certain information about you that is stored within that Social Network Account.

(4) We may permanently or temporarily block or suspend your access to your Member Account—without incurring any liability toward you—in order to protect ourselves, our site, our services, or other users, for instance, if you violate any provisions of these terms or any applicable laws or regulations in connection with your use of the site or your Member Account. This may occur without prior notice if circumstances require immediate action; in such cases, we will inform you as soon as possible. Furthermore, we reserve the right to terminate your member account—subject to a two-month notice period provided via email—should we, for example, discontinue our member account program. You may cease using the service at any time and request the deletion of your member account by contacting us.

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Permitted Use
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(1) Our services are provided to you for informational purposes and solely for private, non-commercial use. When using our services, you must comply with these terms and all applicable laws.

(2) Unless expressly permitted by these terms, you may not: (i) use our services in an unlawful or fraudulent manner (including by infringing upon the rights of third parties) or for the purpose of collecting personal data or impersonating other users; (ii) alter or use our notices regarding copyright, trademarks, or other proprietary rights, or interfere with the security-related features of our services; (iii) use our services in any way to manipulate or falsify content, or to undermine the integrity and accuracy of content, or take any action to disrupt, damage, or interrupt any part of our services; (iv) use our services to send, receive, upload/post, or download any material that does not comply with our content standards; (v) use our services to transmit, or facilitate the transmission of, unsolicited or unauthorized advertising or promotional material; (vi) use our services to transmit or upload data containing viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of computer software or hardware. (vii) to use robots, spiders, other automated devices, or manual processes to monitor or copy our sites (or other sites) or the content contained within our services, or to use network monitoring software to determine the architecture of our services or extract usage data from our services; (viii) to engage in any behavior that restricts or prevents other users from using our services; or (ix) to use our services for commercial purposes or in connection with any commercial activity without our prior written consent. You agree to cooperate fully with us in the investigation of any activity that is suspected or known to be in violation of these terms.

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Intellectual Property Rights
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(1) Our services and related content (and any derivative works or improvements thereof)—including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names, and trade dress, as well as interactive features and all intellectual property rights therein—are either owned by us or licensed to us (collectively, “our intellectual property rights”). Nothing in these terms grants you any rights in relation to our intellectual property rights. Except as expressly provided herein or as required by mandatory legal provisions for the use of the services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these terms are hereby reserved.

(2) If the products include digital content, such as music or videos, you are granted rights as specified on the site in relation to such content.

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Disclaimer of Warranty for Use of the Site and Services
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The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided on an "as-is" and "as-available" basis, without warranties of any kind, whether express or implied (including, but not limited to, warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, or performance of our services)—except in cases involving the malicious non-disclosure of defects. We do not guarantee that free services will be provided without interruption or error, or that they will meet your requirements. Access to the services and the site may be suspended or restricted for the purpose of repairs, maintenance, or updates. This does not affect the warranty for products you purchase from us, as set out in the "Product Warranty" section above.

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Exemption
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You agree to defend, indemnify and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorney's fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including without limitation any use in violation of the restrictions and requirements set forth in the "Acceptable Use" section, unless such circumstances are not due to your fault.

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Limitation of Liability
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(1) We shall only be liable in cases of intent, gross negligence, negligent injury to life, body, or health, or the negligent breach of an essential contractual obligation—and only in the context of paid services or the sale of products. An "essential contractual obligation" refers to an obligation whose fulfillment is a fundamental prerequisite for the proper execution of the agreement and upon which you generally rely and may reasonably expect to rely. Our liability for a negligent breach of an essential contractual obligation is limited to the amount of damage typically foreseeable for this type of contract. Our liability under the Product Liability Act or in cases where we have explicitly provided a guarantee remains unaffected.

(2) The above provisions apply to our contractual liability (including liability for wasted expenditure) and non-contractual liability (including liability in tort), as well as to liability arising from pre-contractual dealings (*culpa in contrahendo*). They also apply for the benefit of our managing directors, senior executives, or other legal representatives, employees, and agents.

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Changes to Terms and Services; Discontinuation
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We reserve the right to amend these terms from time to time at our sole discretion—for instance, to account for changes in the law, to incorporate new features we may introduce, or as our business otherwise evolves. You should therefore review these terms regularly, and in any event, during the checkout process whenever you purchase products. The updated terms will apply to any new order placed after the date on which the new terms take effect. If any ongoing services you use are affected by these changes, we will give due consideration to your legitimate interests. We will notify you of such changes well in advance. The changes will be deemed accepted by you unless you object to them within two months of receiving such notice; we will draw your attention to this in our notification. Should you object to the changes, we reserve a special right of termination—without further obligations toward you—which will take effect on the date the changes become applicable.

We may modify the services, discontinue the provision of the services (or any specific feature(s) thereof), or impose restrictions on the services. We may also permanently or temporarily terminate or suspend access to the services—without needing to provide a reason and without further obligations. Where circumstances permit, we will provide you with advance notice of such actions, while giving due consideration to your legitimate interests.

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Links to Third-Party Websites
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The services may contain links that allow you to leave the site. Unless otherwise stated, the linked sites are not under our control, and we are not responsible for the content of any linked site, any links contained within a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The inclusion of links to other websites does not imply that we endorse their owners or their content.

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Applicable Law
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(1) These terms and conditions are governed by and shall be construed in accordance with the laws of the [Federal Republic of Germany] (excluding its conflict of law provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to resolve disputes with consumers through alternative dispute resolution entities.

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MISCELLANEOUS
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(1) A waiver by either party of any breach or default under these terms shall not constitute a waiver of any prior or subsequent breaches or defaults.

(2) The headings used in these terms are for convenience only and shall have no legal significance.

(3) Unless expressly stated otherwise, if any part of these terms is deemed unlawful or unenforceable for any reason, it is agreed that such part shall be severed from these terms, and the remaining provisions shall remain unaffected and in full force and effect.

(4) You may not assign your agreement with us under these terms, nor any of your contractual rights or obligations—in whole or in part—without our prior written consent.

(5) These terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the services and the sale of products.

(6) Provisions of these terms that, by their nature, are intended to survive shall remain in effect, including, in particular, provisions relating to indemnification, releases, disclaimers of liability, limitations of liability, and this "Miscellaneous" section.

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Contact

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To get in touch with us, please send an email to:

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Feb2nd by Petra Huber

Gundeldingerstrasse 438

4053 Basel

Switzerland

info (at) feb2nd (dot) com