Terms and Conditions

General Terms and Conditions (GTC)

 

As of: 20 September 2025

§ 1 Scope and Provider

(1) These General Terms and Conditions (GTC) apply to all orders you place in the online shop of FoxySea.

(2) The contractual partner for all orders is:

Despertagadget, Unipessoal Lda Rua Henrique Santana, N.º 47 2820-225 Charneca da Caparica, Portugal VAT ID: PT515984779 E-mail: info@foxysea.com

(3) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

§ 2 Conclusion of Contract

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.

(2) By clicking the "Order with obligation to pay" button, you submit a binding offer to purchase the goods in the shopping cart. Immediately after submitting the order, you will receive an order confirmation by e-mail. This e-mail confirms receipt of your order but does not yet constitute acceptance of your offer.

(3) A purchase contract is concluded when we accept your offer by dispatching the goods and confirming the dispatch to you in a separate e-mail (dispatch confirmation). If you do not receive a dispatch confirmation within 7 days, you are no longer bound by your offer.

(4) Notwithstanding this, a contract is concluded earlier in the following cases:

  • In case of payment in advance: with the dispatch of our payment request.
  • In case of payment by PayPal, Giropay, or Sofortüberweisung: with the confirmation of the payment instruction to us.
  • In case of payment by credit card: upon completion of the order process.

(5) The maximum order value is €400. Should outstanding invoices from previous orders reach this limit, further orders are only possible after the outstanding amounts have been settled.

§ 3 Prices and Shipping Costs

(1) The prices stated on the product pages are final prices in EURO and include the statutory value-added tax.

(2) In addition to the stated prices, we charge a flat shipping fee of €2.99 per order for delivery within Germany.

(3) From an order value of €19.00 (free shipping threshold), the shipping costs are waived. However, if you make partial use of your right of withdrawal and the value of the remaining goods falls below the free shipping threshold, the shipping costs of €2.99 will be charged subsequently.

§ 4 Delivery and Retention of Title

(1) Delivery is made exclusively to delivery addresses within Germany with our shipping partners DHL and Hermes. Deliveries to Packstations and parcel shops are possible.

(2) The delivered goods remain our property until full payment has been made (retention of title according to § 449 BGB).

§ 5 Payment Methods

(1) Payment can be made by:

  • Credit card (VISA, Mastercard, American Express)
  • PayPal
  • Giropay
  • Advance payment
  • Gift card

(2) We reserve the right to exclude certain payment methods in individual cases.

§ 6 Cancellation Policy

Consumers are entitled to a statutory right of withdrawal, about which we inform as follows.

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 named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (Despertagadget, Unipessoal Lda, Rua Henrique Santana, N.º 47, 2820-225 Charneca da Caparica, Portugal, E-mail: info@foxysea.com) by means of a clear declaration (e.g., by e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form for this, but it is not mandatory.

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

Consequences 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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise.

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 earliest.

You shall send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost 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, characteristics, and functioning of the goods.

- End of the Cancellation Policy -

§ 7 Warranty

The statutory warranty rights apply. The statutory warranty period is two years and begins with the handover of the goods. Damage caused by improper handling or use of the item is excluded from the warranty.

§ 8 Coupon Codes

Only one coupon code can be redeemed per order. If items for which a coupon was used are returned, the reduced purchase price will be refunded. A proportional refund or reactivation of the coupon will not occur.

§ 9 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 10 Final Provisions

(1 ) Should any provision of these General Terms and Conditions be ineffective, the remainder of the contract shall remain effective. The relevant statutory provisions shall apply in place of the ineffective provision.

(2) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.