General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for Defects (Warranty)
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter “GTC”) of Hermann Francksen Nachf. GmbH & Co. KG (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer“) enters into with the seller regarding the goods presented by the seller in their online shop. The inclusion of the customer’s own conditions is hereby contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are, for the most part, not attributed to either their commercial or their self-employed professional activity.
1.3 Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction in the exercise of their commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop and or website. After placing the selected goods in the online shop virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, online contact form, post or telephone.
2.3 The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form after the order has been sent (e.g. e-mail, fax or letter). The seller does not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed by the customer via his password-protected user account, stating the corresponding login -Data can be retrieved for free.
2.6 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 For the conclusion of the contract, only the German language is available.
2.8 Order processing and contact are usually made via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers have a right of withdrawal.
3.2 More information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check if the purchase on account payment method is selected and to reject this payment method if the credit check is negative.
5) Terms of delivery and shipping
5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of withdrawal, the regulation made in the seller’s cancellation policy applies to the return costs.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has sold the item delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller hands over the goods to the freight forwarder, the freight carrier or the other person responsible for the execution; person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller provides the customer with this person or institution has not previously named.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the fault of the seller and that he has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller . In this case, no shipping costs will be charged.
6) Retention of title
If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, the rights and claims due to defects are excluded;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
7.3 The limitations of liability and shortened deadlines set out above do not apply
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods which, in accordance with their normal use, have been used in a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and give notice of defects in accordance with; § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties d excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract are related to professional or commercial activity of the customer can be attributed. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s registered office.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.