Terms and Conditions
General terms and conditions with customer information
- Scope of application
- Proposals and descriptions of services
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, availability of goods
- Payment modalities
- Retention of title
- Warranty for material defects and guarantee
- Storage of the contract text
- Final provisions
1. Scope of application
1.1 For the business relationship between Frequture UG (haftungsbeschränkt), management board: Philipp Winniewski, Eichenstr. 4, 97225 Zellingen (hereafter “seller”) and the customer (hereafter “customer”) the following General Terms and Conditions are exclusively applied in the version valid at the time of the order.
1.2 You can contact our customer service for questions, complaints and objections by e-mail (firstname.lastname@example.org) and on weekdays from 8:00 p.m. to 10:00 p.m. by telephone (+49 (0) 93 64/79 69 7 85).
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB – Bürgerliches Gesetzbuch/Civil Law Book).
1.4 Divergent conditions of the customer are not respected, unless the seller agrees their validity expressly.
2. Proposals and descriptions of services
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Product and service descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise noted in the product descriptions. Errors and omissions are excepted.
3. Order process and conclusion of contract
3.1 The Customer may select products from the seller’s range without obligation and collect them in a so-called shopping cart via the button “add to cart”. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can move within the shopping cart with the button “proceed to checkout” to the conclusion of the order process.
3.2 The customer submits a binding request to purchase the goods in the shopping cart via the button “place order”. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the “back” browser function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 Following this, the seller sends an automatic acknowledgment of receipt by e-mail to the customer, in which the customer’s order is listed again and which the customer can print using the “print” function (confirmation of order). The automatic acknowledgement of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The sales contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending of the invoice.
3.4 If the seller allows prepayment, the contract is concluded with the declaration of bank details and payment request. If the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent despite the due date, even after renewed request, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. In this case, the order process is finished for the customer and seller without further consequences. A reservation of the article with prepayment takes place therefore at the latest for 10 calendar days.
4. Prices and shipping costs
4.1 All prices quoted on the seller’s website are inclusive of the applicable statutory value added tax.
4.2 In addition to the prices quoted, the seller charges shipping costs for the delivery. The shipping costs shall be clearly communicated to the customer on a separate information page and as part of the ordering process.
5. Delivery, availability of goods
5.1 If prepayment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2 If the delivery of the goods fails by customer’s fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3 If the ordered product is not available because the seller is not supplied with this product by his supplier by no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller shall immediately reimburse the customer for any consideration already paid.
5.4 Customers shall be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment modalities
6.1 The customer may choose from the available payment methods during and before completion of the order process. Customers shall be informed about the means of payment available on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal. their General Terms and Conditions apply.
6.4 If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the legal default interest.
6.5 The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6 The customer shall only be entitled to offset if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions.
8.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed about the warranty conditions before the ordering process is initiated.
9.1 The following exclusions and limitations of liability shall apply to the seller’s liability for damages, notwithstanding the other statutory conditions for claims.
9.2 The seller shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller shall be liable for the slightly negligent breach of essential duties, the breach of which endangers the achievement of the purpose of the contract, or for the breach of duties, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical of the contract. The seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4 The foregoing limitations of liability shall not apply in the case of injury for life and limb or the impairing of the health, in the event of a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the ProdHaftG (Produkthaftungsgesetz/Product Liability Act) remains unaffected.
9.5 Insofar as the seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1 The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the General Terms and Conditions together with instructions on revocation and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
11. Final provisions
11.1 The place of jurisdiction and performance shall be the seller’s registered office if the customer is a merchant, a legal entity under public law or a special entity under public law.
11.2 The language of the contract shall be German.
11.3 Platform of the European Commission for Online Dispute Resolution (OS) for Consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Please note that the valid version of this page is the german one (link).