General Terms and Conditions
General Terms and Conditions
Table of Content
3.... Prices and Payment Policy
5.... Reservation of Ownership
6.... Set-off and Retention Right
9.... Special Regulations for Custom-Made Products and Individually Adapted Products
11...... Place of Fulfilment and of Jurisdiction
1. Scope of Application
- The Terms and Conditions (subsequently "GTC") at
Fritz and Rose GmbH
Bei der Pulvermühle 23
22453 Hamburg
Email: info@fritzandrose.com
Telephone: +49 (0) 40 607 717 912
(subsequently „we“ or "sales representatives") are valid for all contracts that you, the consumer or business partner (subsequently you or customer) commit to with us concerning all Products and Services displayed in our online-shop. Our deliveries, services and offers are exclusively based on these terms and conditions.
The GTC’s apply to all business partners, even if they are not explicitly agreed upon again. The inclusion of terms and conditions of a customer, which contradict our terms and conditions, is already being contradicted.
- The contractual language is German or English.
- For contracts on the delivery of Gift Vouchers, our GTC’s apply accordingly, unless otherwise expressly agreed.
- Consumer, according to our GTC’s, shall be any individual who enters into a legal transaction for purposes that are predominantly neither commercial nor attributed to self-employed purposes. A businesses partner, according to our GTC’s, is any individual or legal entity, that exercises his/her/its commercial or independent professional activity when a legal transaction is concluded. The term “business partner” shall have the meaning of § 14 German Civil Code (BGB).
2. Offer and Contract
- The description of the products in our online shop, do not constitute binding offers on our part, but serve as a basis for a binding offer by you as a customer.
- You can submit this offer via the online order form integrated into our online shop. After you have placed the selected goods and / or services in the virtual shopping cart and have completed the electronic ordering process, you will be provided with a legally binding contract offer with regard to the goods and / or services contained in the shopping basket by clicking on the button closing the order process.
- Upon receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This acknowledgment of receipt does not constitute acceptance of the purchase offer. A binding contract is not yet concluded by the confirmation of receipt.
- A purchase contract is concluded once we explicitly declare acceptance of the purchase offer (order confirmation) or if we send the goods to you without prior express declaration of acceptance.
- Order processing and contacting is generally carried out via e-mail and automated order processing. You must ensure that the e-mail address specified by you for order processing is correct and the e-mails sent by us can be received. In particular, when you use SPAM filters, you must ensure that all e-mails sent by us, or by those commissioned by us with the order process, can be delivered.
3. Prices and Payment Policy
- Unless otherwise stated in our product description, the prices quoted are total prices, which include the statutory value-added tax. If applicable, additional shipping and shipping costs are indicated separately in the respective product description.
- In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases which we are not responsible for and which are to be borne by you. These include, for example, possible costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import taxes (e.g. customs duties). Please note that the cost of sending money may also be incurred if the delivery is in a country of the European Union, but you make the payment from a country outside the European Union.
- Various payment options are available, which are stated in our online shop.
- If advance payment has been agreed, the payment is due immediately after conclusion of the contract.
- In the case of payment by means of a payment method offered by PayPal, payment processing takes place via the payment service provider PayPal (Europe) S.à.r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Service
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
Or - if you do not have a PayPal account - under the conditions for payments without PayPal account. These can be viewed at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
- If you are in default with a payment, default interest of 5% above the respective base rate p.a. is levied and added to your debt. We reserve the right to assert higher default damages. In the event that we claim a higher default damages, you have the possibility to prove to us that the claim for damages caused by default is not at all or at least substantially lower.
4. Delivery Times
- The delivery of goods takes place by the dispatch route to the delivery address you stated in your order, unless otherwise agreed. When processing the transaction, the delivery address stated by you in our order processing is authoritative.
- Unless an explicitly binding delivery date has been agreed upon, our delivery dates and /or delivery periods are non-binding.
- The beginning of the delivery period presupposes the timely and proper fulfillment of your obligations as a customer. The objection of the unfulfilled contract remains reserved.
- If we have exceeded a non-binding delivery date or period by more than 4 weeks, you have the right to demand delivery within a reasonable time frame. If we fail to meet an explicit delivery date / delivery period or if we are in default for a different reason, then you as a customer must set a reasonable period of time for the achievement of the delivery. If we let the grace period expire without success, you are entitled to withdraw from the purchase contract.
- If you are in default of acceptance or if you culpably violate other cooperation obligations, we are entitled to demand compensation for the damage resulting from this, including any extra charges. If the logistics company sends the goods back to us, as delivery was not possible with you, you bear the costs for unsuccessful dispatch. This does not apply if you exercise your right of revocation effectively, if you are not be responsible for the circumstance which led to the impossibility of the delivery or if you were temporarily prevented from accepting the offered service, unless we have informed you about delivery time a reasonable time before.
5. Reservation of Ownership
- The goods remain our property until full payment of the purchase price.
- You are obligated, as long as ownership of the purchased items has not yet passed on to you, to treat the purchased item with care. As long as ownership has not been transferred to you, you are obligated inform us immediately in writing if the delivered goods are seized or other interferences by third parties occur.
- The following applies to customers who are sales partners or resellers:
- We reserve the right to ownership of the goods until full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, a pledge or security transfer shall not be permitted.
- The customer may resell the goods in the ordinary course of business. In this case, the customer now assigns to the seller all claims in the amount of the invoice amount, which arise from the resale. We accept the assignment. However, the customer is authorized to collect the receivables. If the customer does not properly fulfill his payment obligations, we reserve the right to collect claims ourselves.
- In case of combination and mixing of the goods subject to reservation, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to reservation to the other processed items at the time of processing.
- We promise to release the securities to which we are entitled upon request, insofar as the realizable value of our collateral exceeds the claims to be secured by more than 10%. The choice of collateral to be released is up to us.
6. Set-off and Retention Right
The right to set-off is yours only if your claims are legally established or undisputed. To set off against our claims you are also entitled, if you assert complaints or counterclaims from the same purchase contract. You are only entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
7. Warranty
- We try to describe and present our products in brochures, advertisements and any other documents as true to the original as possible. However, e.g. the colors in the images may differ from those of the actual items. The images do not constitute a basis for an agreement on certain characteristics of the product within the meaning of § 434 (1) 1 German Civil Code (BGB).
- Insofar as the delivered item does not have the condition agreed between you and us or if it is not suitable for the use according to our contract or the customary use or if it does not have the characteristics, which you could expect from our statements, we are of course obliged to supplementary performance. Please pay attention to the nature of our product care and the characteristics of the materials used.
- You have the choice whether the supplementary performance is to be carried out by means of rework or replacement delivery. We are, however, entitled to refuse the chosen type of supplementary performance or the supplementary performance in general, if this is possible only at disproportionate costs or impossible within the meaning of § 275 (2) and (3) of the Civil Code (BGB).
- During the supplementary performance the reduction of the purchase price or the withdrawal from the contract by you is initially excluded. A subsequent improvement shall only be deemed to have failed if the second attempt is unsuccessful, if the nature of the defect or other circumstances does not differ. If the supplementary performance has failed or we have refused the supplementary performance as a whole, you can demand a reduction of the purchase price (reduction) or declare the withdrawal from the contract.
- Compensation for damages to the following conditions due to the defect can only be asserted if the supplementary performance has failed or we have refused the supplementary performance. The right to assert further claims for damages under the following conditions shall remain unaffected.
- Without prejudice to the preceding regulations and the following limitations on liability, we are fully liable for damage to life, body and health, which are based on a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages caused by liability under the German Product Liability Act (ProdHaftG), as well as all damages resulting from willful or grossly negligent breaches of contract, fraud, our legal representatives or our vicarious agents.
- We are also liable for damages caused by simple negligence insofar as this negligence concerns the violation of such contractual obligations, the compliance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we are liable only to the extent that the damages are typically connected with the contract and foreseeable. In the case of simple negligent violations of non-contractual subsidiary obligations, we shall not be liable. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is affected.
- Any further liability is excluded without consideration for the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.
- The warranty period is 2 years if you are a consumer (see above), and 1 year for sales partners, commercial resellers and other business partners. The stated period begins with the transfer of risk. This deadline also applies to claims for compensation for defect consequences, insofar as no claims for unauthorized action (§§ 823-853 BGB) are asserted.
8. Revocation Right
As a consumer, you have a legal revocation right for online orders, telephone orders or mail orders. Revocation rights and withdrawal are explained below.
Right of Withdrawal
- Every consumer has the right to revoke a contract concluded via our online shop within 14 days without giving any reasons.
The period of revocation shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the product.
In order to exercise your right of revocation, you must inform us of your decision to revoke this agreement by means of a clear statement (for example, a letter sent by mail or e-mail). You can use the enclosed sample revocation form.
In order to comply with the revocation period deadlines, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of Revocation
- If you revoke this contract, we will repay you all payments we have received from you, including the cost of delivery (except for additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) within a period of fourteen days from the date on which the notification of your revocation of this contract has been received by us. For such repayment, we will use the same means of payment you used in the original transaction, unless otherwise expressly agreed with you. In no case will you be charged for these repayment fees. We can refuse the repayment until we have recovered the goods or until you have proven that you have returned the goods, whichever is earlier.
You must return the goods to us immediately or in any case no later than fourteen days from the date on which you inform us of the revocation of this contract. The time limit is met if you send the goods before the expiry of the period of 14 days.
You must pay for a possible loss of value of the goods only if this loss in value is attributable to a handling, which is not necessary for the examination of the quality, characteristics and functioning of the goods.
- The right of revocation does not exist for contracts for the delivery of goods which are not prefabricated and for which a personal selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (custom-made products and individually adapted products). This is regularly the case with the goods delivered by the seller. We expressly point out that in these cases there is no right of revocation.
- Information on the sample revocation form according to legal regulation can be found below, in the appendix.
9. Special Regulations for Custom-Made Products and Individually Adapted Products
- Customized products and customized products are subject to the following special regulations. These are subject to the general regulations of our General Terms and Conditions.
- In the case of custom-made products and individually adapted products, the contract is concluded on a regular basis by means of an order confirmation.
- In the case of custom-made products and customized products, at the time of the release of the design, 50% of the purchase price is due. The remaining 50% are due with delivery of the goods.
- Your design release or other templates are binding. Engraving errors or similar, which are attributable to a faulty submission, are not defects in the sense of the warranty rights.
- The right of revocation within the meaning of no. 8 does not apply to our custom-made products and individually adapted products, if these are not prefabricated and an individual selection or determination (design template) by you as a customer is decisive for their manufacture or if these products are clearly tailored to your personal needs.
10. Gift Vouchers
- Gift vouchers and residual credit of gift vouchers are redeemable up to the end of the third year after the year of the purchase of the voucher. Residual credit shall be credited to the customer by the expiry date.
- Gift vouchers can only be redeemed before completion of the order process. Subsequent allocation is not possible.
11. Place of Fulfilment and of Jurisdiction
- German law is applicable. If the customer is a business partner within the meaning of § 14 of the German Civil Code (BGB), the place of jurisdiction for all claims in connection with the business relationship is the municipality in which our principal place of business is situated.
- In business dealings with consumers, the consumer's legal place of jurisdiction (i.e. the municipality in which the consumer has his residence) basically determines the competent court.
12. Severability Clause
Should any individual provisions in the above terms be or become invalid, either in part or in full, or impracticable, this will not affect the validity of the other provisions. The invalid or impracticable provision will be replaced by a reading that is as close as possible in economic purpose to the invalid or impracticable provision in a legally effective and practicable form. The same will also apply in the event of any unintended omissions.
Appendix
Sample Revocation Form
If you want to revoke the contract, please feel free to use this form and send it back:
Fritz and Rose GmbH
Bei der Pulvermühle 23 Email: info@fritzandrose.com
22453 Hamburg Telephone no.: +49 (0) 40 607 717 912
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*):
_______________________________________________________
Date of Order (*) ____________ / Date received (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only for paper submission)
_________________________
Date
(*) strike incorrect
Note
Please avoid damage and contamination of the goods. If possible, please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for adequate protection for shipping.